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2025/01/28 Regular Session 10:00 AM
FILED FOR RECORD'I*7c: AT �_ 3' O'CLOCK *{ iJ MCQUE , r TY #ERK Q„ ' .�Lo• psi YDpO BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 28, 2025 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803 THE PUBLIC MAY WATCH THE MEETING LIVE ON THE BRAZOS COUNTY COMMISSIONERS COURT YOUTUBE CHANNELAT: HTTPS://WWW.YOUTUBE.COM! BRAZOSCOUNTY3227. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Konderla 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -19 3. Approval of Resolution 25-001 providing for the public sale of property acquired by the County of Brazos from delinquent taxes. 4. Approval of reappointment of Linda Goolsby to the MHMR Authority of Brazos Valley Board of Trustees. Term of appointment is March 1, 2025- February 28, 2027. 5. Request authorization to wire transfer up to $5,396,749.68 to HHSC for the DY 14 Advance Uncompensated Care Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. 6. Approval requested from Fleet Services to transfer a 2006 E350 known as Asset #A001000640 from Jail Division to Facility Services and remove a 2000 Chevrolet Express known as Asset#1700015454 from Facility Services. 7. Approval of Acceptance of Assignment of Commercial Contract- Improved Property at 2504 Kent Street, Bryan, Brazos County, Texas. 8. Approval to purchase election equipment upgrade and supplies from Hart InterCivic in the amount of$25,690.04. 9. Approval of Deductive Change Order to CI P#23-607 Macey Road Reconstruction with Knife River Corp. in the amount of$220,218.71, decreasing the total contract amount to $5,250,674.24. 10. Approval of Assignment for Vendor Name Change for Contract#25-074R Employee Assistance Program Services from Deer Oaks EAP Services, LLC to Deer Oaks EAP Services, LLC dbaAllOne Health. 11. Consider and take action on the Wickson Creek SUD utility permit to construct a road bore at 5838 Broach Road to provide water services. Site is located in Precinct 2. 12. Consider and take action on the BTU utility permit to install aerial 3-phase crossing at 9345 Dilly Shaw Tap Road to provide electrical services. Site is locate in Precinct 2. 13. Consider and take action on the Brazos WI Fl utility permit to construct six(6) road bores under Tejas Ranch Loop to install fiber optic cable for intemet service. Site is located in Precinct 2. 14. Approval of the Treasurer's Report for October 2024. 15. Tax Refund Applications for the following: Overpayments • a. Letterman Title-$1,500.00 • b. Susan Riggs -$162.84 • c. Corelogic Tax Services -$199.98 16. Personnel Change of Status. • Approval of Personnel Change of Status 17. Payment of Claims. Approval of Payment of Claims: • a. 8207622 -8207706 • b. 9203323 9203373 18. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment or duties of the Emergency Management Coordinator. • b. Texas Government Code §551.087 for deliberation regarding economic development negotiations. 19. Consider and possible action of Executive Session. 20. Acknowledgement of the FY 2024-2025 Budget to Actuals by Fund as of January 22, 2025. Acknowledgement of the FY 2024-2025 Contingency Budget to Actuals by Fund as of January 22, 2025. 21. Acknowledgement of the County Auditor's Monthly Report for October 2024. 22. Acknowledgement of monthly reports submitted in January 2025. 23. Juvenile director's report on detention population. 24. Sheriff's report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters,both on and off the agenda,and be limited to four minutes per person. Public participation sign-up sheets must be submitted at least five(5)minutes prior to the start of the posted meeting time. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V,Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly,members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,and/or addressing the Court;in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting.Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body,or any member or members of the Court,or County employees,individually or collectively.Accordingly, profane,insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions: 1.cancellation of a speaker's time; 2.removal from the Commissioners Court; 3.a Contempt Citation;and/or 4.such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period,speakers may address matters not listed on the published agenda.The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public.To ensure the public has notice of all matters the Commissioners Court will consider,the County Judge and/or Commissioners may choose not to respond to public comments,except to correct factual inaccuracies,recite eAsting policy in response to an inquiry or to ask that a matter be listed on a future agenda.See Texas Open Meetings Act Section • 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court.The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the Brazos County Administration Building,200 S.Texas Avenue,Suite 106, Bryan,TX77803 is wheelchair accessible. Handicap parking spaces are available.Any request for sign interpretive services must be made two working days before the meeting.To make arrangements,please call(979)361-4102. �,��:-C)P ram', w w C CT? The foregoing minutes of the Commissioners Court Meeting held January 28, 2025, have been examined and are approved in open Court this 4th day of February 2025,in Bryan,Brazos County, Texas. i i Duane Peters Bentley Nettle County Judge Commissioner, Precinct 1 ,,,,,,,___,,,,._______ _ , ..___ , ,_ C. -----,-)„.___ Chuck Konderla v Fred Brown Commissioner, Precinct 2 Commissioner, Precinct 3 f Wanda J. son Commissio r, Precinct 4 Attest: 9CO3—..JA-D---Tak&Asie.A.---- Karen McQueen `'6 ; County Clerk 4 Cm e-F `Dil �Iy 7 : * d MINUTES JANUARY 28,.2025 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, January 28, 2025 with the following members of the Court present: Duane Peters, County Judge, Presiding; Bentley Nettles, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Fred Brown, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4,Absent; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Konderla 2. Call for Citizen input and/or concerns Cal Goode shared a personal story about his family's property in Brazos County. He pleaded with the Court to listen to the community and put an end to the East Loop project. Mr. Goode provided a copy of his statement for the minutes, it is attached hereto. Keith Ballasy expressed his opposition to the East Loop project. Mr. Ballasy commented on a lack of transparency surrounding the project, leaving people in a state of uncertainty. He urged the Court to engage with the public, show up to town hall meetings, and release the new proposed alignment. Beverly Greenwood with the Noeastloop.com organization also expressed her continued opposition to the East Loop project. Ms. Greenwood has concerns that this development will bring more traffic and more people. She invited the Court to attend a Town Hall meeting on February 10, 2025, from 6:00 p.m. to 8:00 p.m. at Bryan High School. Cathie Viens stated her opposition to the East Loop project. She went on to discuss the. rules for Citizen input, election precinct redistricting needs, and her desire to have an outside audit of the 2020 General Election. Dalene Barnes expressed her opposition to the East Loop project through a limerick. Cynde Wiley shared her continued concerns on election security and specifically, ballot secrecy. Ms. Wiley also addressed her concerns about the Court doing their due diligence. Paul Bonarrigo stated his opposition to the East Loop project, he believes this project has created a public relations issue for the Court. Mr. Bonarrigo also has concerns about the County's ability to execute such a large project. Kyle Greenwood stated his opposition to the East Loop project and again asked the Court to release the new proposed alignment. Mr. Greenwood also offered an apology to the Court for his comments on January 24, 2025. Upon further review, he stated that he felt his comments could have been perceived as disrespectful and that was not his intent. Consider and take action on agenda items: 3 -19 3. Approval of Resolution 25-001 providing for the public sale of property acquired by the County of Brazos from delinquent taxes. Judge Peters explained that this will allow the property to be sold for less than what the taxes are on the property. The Court voted unanimously to adopt Resolution 25-001 Providing for the public sale of property acquired by the County from delinquent taxes. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Bentley Nettles. Passed.4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 4. Approval of reappointment of Linda Goolsby to the MHMR Authority of Brazos Valley Board of Trustees. Term of appointment is March 1, 2025 - February 28, 2027. The Court approved as submitted the reappointment of Linda Goolsby to the MHMR authority of Brazos Valley Board of Trustees. The term of appointment is March 1, 2025 - February 28, 2027.A copy is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Fred Brown. Passed.4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 5. Request authorization to wire transfer up to $5,396,749.68 to HHSC for the DY 14 Advance Uncompensated Care Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. Cynde Wiley asked for an clarification on this item. Commissioner Brown explained that the County is a pass through for the hospital to receive funds to help cover uncompensated care. Judge Peters added all funds, including interest accrued and matching funds go to the hospitals. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Bentley Nettles. Passed. 4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 6. Approval requested from Fleet Services to transfer a 2006 E350 known as Asset #A001000640 from Jail Division to Facility Services and remove a 2000 Chevrolet Express known as Asset#1700015454 from Facility Services. Motion:Approve, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Fred Brown. Passed.4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 7. Approval of Acceptance of Assignment of Commercial Contract- Improved Property at 2504 Kent Street, Bryan, Brazos County, Texas. Judge Peters clarified the location of the property and that it will be used for the new 911 location. Cathie Viens requested further clarification on the property taxes for the location. Judge Peters provided a brief explanation but stated that the Appraisal District would better be able to answer her question.A copy of the contract is attached. Motion:Approve, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 8. Approval to purchase election equipment upgrade and supplies from Hart I nterCivic in the amount of$25,690.04. Commissioner Brown moved to table this agenda item until additional information could be provided regarding the cost. Elections Administrator Trudy Handcock clarified that the backup provided is just a quote but that they could reach back out to the vendor to get further clarification. Karen Simpson asked,what the upgrade would include. Judge Peters explained that it is a software upgrade. Ms. Simpson expressed her dislike of the voting machines. Cathie Viens questioned why there were no attachments made publicly available for this item on the agenda. Purchasing Agent Charles Wendt explained that the vendor marked the financial information as confidential and an Open Records Request would need to be filed. Motion: Table, Moved by Commissioner Fred Brown, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 9. Approval of Deductive Change Order to CI P#23-607 Macey Road Reconstruction with Knife River Corp. in the amount of$220,218.71, decreasing the total contract amount to $5,250,674.24. Cathie Viens asked for clarification on the reason for the deduction. Purchasing Agent Charles Wendt explained that it is because the contingency funds built into the contract were not used.A copy of the Deductive Change Order is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Fred Brown. Passed.4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 10. Approval of Assignment for Vendor Name Change for Contract#25-074R Employee Assistance Program Services from Deer Oaks EAP Services, LLC to Deer Oaks EAP Services, LLC dba AllOne Health. A copy of the assignment for Vendor Name Change is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Fred Brown. Passed.4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 11. Consider and take action on the Wickson Creek SUD utility permit to construct a road bore at 5838 Broach Road to provide water services. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Fred Brown. Passed. 4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 12. Consider and take action on the BTU utility permit to install aerial 3-phase crossing at 9345 Dilly Shaw Tap Road to provide electrical services. Site is locate in Precinct 2. Commissioner Konderla made a motion to approve the BTU utility permit, it was seconded by Commissioner Brown. The motion passed with 3 in favor, and Commissioner Nettles abstaining. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Fred Brown. Passed. 3-0. Ayes: Brown, Konderla, Peters. Abstain: Nettles. Absent: Watson. 13. Consider and take action on the Brazos WI Fl utility permit to construct six(6) road bores under Tejas Ranch Loop to install fiber optic cable for internet service. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Bentley Nettles. Passed. 4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 14. Approval of the Treasurer's Report for October 2024. Motion:Approve, Moved by Commissioner Bentley Nettles, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 15. Tax Refund Applications for the following: Overpayments • a. Letterman Title -$1,500.00 • b. Susan Riggs -$162.84 • c. Corelogic Tax Services -$199.98 Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Fred Brown. Passed. 4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 16. Personnel Change of Status. • Approval of Personnel Change of Status After coming out of Executive Session Judge Peters returned to agenda item number 16. The Court voted unanimously to approve the Personnel Change of Status, to include the promotion of Jason Ware to Emergency Management Coordinator. Mr. Ware thanked the Court for the opportunity and stated that he looks forward to continuing to serve the community through this position. A copy of the Personnel Change of Status is attached. *At this time the official Court recording had technical difficulties. The video was captured but the audio was not. The audio for the final vote was unable to be recorded. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Bentley Nettles. Passed. 4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 17. Payment of Claims. Approval of Payment of Claims: • a. 8207622 -8207706 • b. 9203323 -9203373 Karen Simpson expressed concerns as to why information was redacted from payment of claims list. County Treasurer Cristian Villareal explained that it was to protect the citizens from fraud and that an Open Records Request could be submitted for this information. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Bentley Nettles. Passed. 4-0. Ayes: Brown, Konderla, Nettles, Peters. Absent: Watson. 18. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment or duties of the Emergency Management Coordinator. • b. Texas Government Code §551.087 for deliberation regarding economic development negotiations. At this point, the County Judge announced the Court would consider items 20 through 25 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:59 a.m.the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to the following sections. a. Texas Government Code§551.074 to discuss the appointment, employment, evaluation, reassignment or duties of the Emergency Management Coordinator. The following individuals were asked to stay for the session: Aubrey Leggett, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Jennifer Salazar, Human Resources Director Raeanna McConathy,Assistant Human Resources Director b. Texas Government Code §551.087 for deliberation regarding economic development negotiations. The following individuals were asked to stay for the session: Aubrey Leggett, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Kimberly Roach, Economic Development Coordinator Nina Payne, Budget Office Katie Connor,Auditor Marci Turner, First Assistant Auditor 19. Consider and possible action of Executive Session. At 11:24 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. At this time the County Judge moved back up to agenda item number 16. *At this time the official Court recording had technical difficulties. The video was captured but the audio was not. The audio for this item was unable to be recorded. 20. Acknowledgement of the FY 2024-2025 Budget to Actuals by Fund as of January 22, 2025. Acknowledgement of the FY 2024-2025 Contingency Budget to Actuals by Fund as of January 22, 2025. The Court acknowledged receipt of the 2024-2025 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of January 22, 2025. 21. Acknowledgement of the County Auditor's.Monthly Report for October 2024. The Court acknowledged receipt of the Brazos County Auditor's Monthly Report for October 2024. 22. Acknowledgement of monthly reports submitted in January 2025. The Court acknowledged receipt of the Extension Service reports submitted in January, 2025 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk Constable Precinct 2 Cynde Wiley asked why the AgriLife Extension submits their financial reports to the County. County Auditor Katie Conner explained that is based on a contract. Commissioner Nettles requested a copy of the contract. 23. Juvenile director's report on detention population. Judge Peters reported for Juvenile Director Linda Ricketson, there are 27 juveniles in the detention center, 19 are male, 8 are female, and 40 have electronic monitors. 24. Sheriff's report on inmate population. Kevin Stuart, Chief Deputy reported for Sheriff Wayne Dicky, there were 742 inmates in jail, 629 inmates are male, 113 are female, and 34 have electronic monitors. 25. Announcement of interest items and possible future agenda topics. There were no announcements. 26. Adjourn. Pg l of ''F BRAZOS COUNTY COMMISSIONER' S COURT m) DAY OF ()MAY_ , 20 1,n I D GD /PM,V Ll. .r WLQ:eni(19 Name Organization (PLEASE PRINT) (PLEASE PRINT) C__. Y1)11 CriAr LCørnri . Pox+ oV'e Nor nq . C ruA- if& 0.--A-e)( 6,,,ks2 V d2Yfale, c/b,--Nr04 �� 7 1 \1,/1 ?C31-1(}1e &140- 4y4o mar cv c -If1 /06;74-e &kJ . fo)ifit- V-CM- 3--€morkrva v\- 0,0 G L5 04: (Ipyle D1/4-) I Sd-e Pg '2 of BRAZOS COUNTY COMMISSIONER' S COURT ary).--* DAY OF e,n,a w , 20 S 10 " b MCPM, ,01 Name Organization (PL E PRINT) (PLEASE T) 16Ll .6ckf m) N 0 (''4 q-- C.,.O2 tit) J„ 'Kwr&i -vim okt 5 -4-10c. ?Dv, N\ q—Pc-f7 dee ry "04/A 1.0 ce-d_ 191,f /-if M )L_,c- Ru )2 .5 r, Kt,/ b., -3 , ‘-1.3 1/1 I-zo vai4 Ttkitictki4,9-, QIJUJ1LW1A&v )1O Pg3of Li BRAZOS COUNTY COMMISSIONER' S COURT qtk DAY OF , 20 D.5 ID : DO /PM, C I ar Name Organization (PLEASE PRINT) (PLEASE PRINT) R INNP)sekr-M -- OnacK213D 11\(\PC<)f)Ag_ 1:" ;V\ 5-0 cs,r 11,7A_) h6 ( sh j , elc Pr ( u LLB 1Z,e-41e) cokili1 A\ oa • -1 )Alto ea t' 7- to 8.1g) l'uctuFu t‘Al I COkiwn tov�r ��,$cQ-��.,,- �►"`�� ate...+ Denvi,t(A LopePx eit51*1-e-ral gall-t/turtok-- Im C Cauakij � Pg 4 of q BRAZOS COUNTY COMMISSIONER' S COURT a DAY OF Fuo U ; 20 b`. DD ( A !PM, Ft-e3u /ou( Name Organization (PLEASE PRINT) (PLEASE PRINT) M,1 (\ �Vlotn3(a C.S® bcy),aspe 1 't 6.31 [`1 e e T AP/1,111 4---C114" 666 - A cri ! -4' 1172 - 14,1 Aj q "0 HAY Lout triRoc T ciA- , \Knxt_ jvciv1); -1(-- .1N-j( rit-L- * - kid'etirr PlAkai Vic,‘rvRa _ es 1/4-ce>r\ &cict)Y\ c)\.CQ. 14 t g A -e-A(r'JLYV.GL. uV r () t- a- r 7 - East Loop Speech Topics I first want to thank the committee members for--allowing me to speak today on my family's behalf.'I have put a lot of thought into the-following-topic-about-the East-Loop.-I-fully-understand the need for progress and expansion;however, I am also aware of the cost it comes with and would hope that the elected leaders would consider the families involved and the legacy's that have been established in Brazos County in most cases for generations. I would like to talk specifically about my-grandfather's home,-(Dilly Shaw-Tap)-now home to my mother and her sister's families. My Grandfather cameto TX in the late 60's for a job and better family opportunity and decided to settle in Brazos County and make it home,what he thought would be for generations to come,anal-many-hard=days of blood,sweat,and hard work went into making it come true.Over the_years it became a safe haven for our family when times are hard, or .. you just needed a place to refocus on life. It first started for me when I was around 4 or 5 years old when I would go to my grandparents'house every',weekend. I was too young at the time to fully understand what framework was being laid for my.foundation when I became a man, in the future would spend weekends working the 22 acres,doing many things like cleaning stalls, hauling hay, shredding the pasture,weed eating, paintingor building fence and-other`activities. During this time, I was being taught life lessons in the long talks me and my grandfather would have together, and at lunch time grandma always had hot food ready"and call us up to the house to eat(grandpa always took a quick nap, but according to him-he-wasn't-sleeping just resting his eyes).When I was in the 7th grade our house was lost in a fire,-I went-to-grandpa's-house-on'-Dilly Shaw_Tap-to seek safety and comfort.When I graduated high school, I entered the military which I would spend the next 25 years of my life,the one thing that keep me centered in life was when I came home to Grandpas on Dilly Shaw Tap,and since his passing spending time there periodically I hear his voice talking to me to complete what you start, look someone in the eye when you talk to them,your hand shake and word is worth more to a man than any amount,of;money or fame. , I feel like my story is like many in Brazos County where the East Loop is trying to take our memories, land and family legacies.that the foundation_was.laid_by-those who came before us and set up homesteads. I believe that the 25 years myself and countless_other military members spent serving our country,was to protect what we love and thosewe love. I feel that it is what I am doing now again.The East loop isn't a sign of progress,it's assign of what we are losing as a society,we are constantly being told we must adhere to his type of living or this will happen. I believe this should be left to those who own the land in it rather they sale or not. I will close by saying I heard a song the other day by Cody Johnson"Dirt Cheap';this song sums up what many of fe feel about the East Loop proposal. If you haven't heard it, I encourage you to go listen. Finally, I would like to say thanks again to the board for giving me time to tell-my story;whiich is one of many&I hope another solution is found besides taking land from those-that-have-wor-ked hard for generations to keep it.Thanks. 1441 fjI�t 11 BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Approval of Resolution 25-001 providing for the public sale of property acquired by the County of Brazos from delinquent taxes. "O: Commissioners Court )ATE: 01/16/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Resolution for Tax Cover Resolution Providing for the Public Sale of Property Brazos County from Delinquent Taxes- Brazos 2 4 25.pdf Resale Property- Memo Delinquent Taxes Backup Resolution for Cover Resolution of Tax Resale Property - February Sale - Backup.pdf Tax Resale Property- Memo Delinquent Taxes RESOLUTION PROVIDING FOR THE PUBLIC SALE OF PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS FROM DELINQUENT TAXES. WHEREAS,the following properties in Brazos County were offered for sale by the Sheriff of Brazos County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court;and WHEREAS,those parcels of land did not receive a sufficient bid as set by law and were struck off to the County of Brazos,for the use and benefit of itself and the taxing units for which it collects property taxes,pursuant to TEx.PROP. TAX CODE§34.01 (j);and WHEREAS,TEX.PROP.TAX CODE§ 34.05(c).and(d)provide that we may request that the Sheriff sell the property at a public sale for any sufficient bid. Cause No. 16-000591-CV-272 Lot 3,Block 48, Oak Grove Park, City of Bryan,Brazos County,Texas Account No.000000035115 (Volume 11726,Page 259 of the Deed Records,Brazos County,Texas), 409 Boulevard St, (Bid in Trust 8/1/2017) THEREFORE,BE IT HEREBY RESOLVED by the Commissioner's Court of the County of Brazos,Texas that the County of Brazos,Texas hereby directs the Sheriff of Brazos County,Texas to conduct a sale on the first Tuesday in February,2025 in the manner prescribed by the Texas Rules of Civil Procedure and TEX.PROP.TAX CODE§34.05(c)and (d). 1Z,PASSED,APPROVED AND ADOPTED this the day of . .. ,2025. C:2: 1 —1011111PJALI .... ,�� County Judge—Duane Peters/ iii// i ..‘,1" Aloe • Commissioner,Preci' en'ey Nettles ......:„. .. ----------- Commissioner,Precinct 2--Chuck Konderla IC:::= L-..-----,.-...j2— art---. Commissioner,Precinct 3--Fred Brown PO S/-N\c , Commissioner,Precinct 4—Wanda Watson 1 __• Coll o my Clerk—Karen Mc ueen From: Stephanie Pesina To: Marsha D.Anderson Subject: Commissioners Court Agenda-Resolutions for Tax Resale Property(February Sale) • Date: Thursday,January 16,2025 11:54:43 AM Attachments: image001.pnq Resolution-Brazos 2 4 25.odf 'Brazos County Disclaimer *****This is an email from an EXTERNAL source.DO NOT click links or open attachments unless you recognize the sender and have verified that the content is safe.Never enter USERNAME, PASSWORD or sensitive information on pages linked from this email.***** Good morning, Our office represents The County of Brazos,Texas in the collection of delinquent property tax. Please find enclosed Resolutions to approve the bids for the Brazos Tax Resale Properties for our February 4, 2025,Tax Foreclosure Sale. Please add to next Commissioners Court Agenda. Please let me know if you have any questions. Thank you, Stephanie Pesina I Administrative Assistant E-mail : spesina(6 mvbalaw.com Main : 979-775-1888 VbaGoing Further M Creary Vesedka Bragg&Allen RC.Attorneys at Law This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential attorney work product,and exempt from disclosure under applicable law.If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited.If you have received this in error,please notify us immediately by telephone or by email. 1 G Lti BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Approval of reappointment of Linda Goolsby to the MHMR Authority of Brazos Valley Boar of Trustees. Term of appointment is March 1, 2025- February 28, 2027. "O: Commissioners Court )ATE: 01/01/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Linda Goolsby - Reappointment - MHMR Authority of Brazos Valley Board of Trustees.pdf Reappointment Certificate for Cover Memo Linda Goolsby Letter MHMR Authority of Brazos Valley Board of Trustees Appointment Request.pdf Reappointment to MHMR Board Cover Memo ,i.-ik( A - * a• BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of • Linda Goolsby • to the MIIMR Authority of Brazos Valley Board of Trustees The term of this appointment is March I,2025 through February 28,2027. • .2b2S— Duane Peters Date County Judge Brazos County Administration Bldg. • 200 S.Texas Ave. • Suite 332 • Bryan,Texas 77803 • Fax:(979)361-4503 MHIVIR •Authority •of Brazos .Valley _ • rJf� For a Healthy,HaPPY.Tomorrow . • • •• •• • • '' - , A. CENTRAL ADMINISTRATION - December 18;;2024 •, 1504 S.Texas Avenue. - . ' Bryan;.Texas 77802-1015`•, •• •(979) 979)36Mx - • '' Brazos County Commissioners:Court '.. • • • • ' FAX : - • : - . • - Attn 'Honorable Duane Peters • ' • • • MAILING ADDRESS 200 S:Texas Avenue; Ste 332 • ' • - • • •• • 13.0:Box 4588 • •B• an,;Texas 77803' • • ' Bryan,•Texas 7780 -4588 • • ,Bryan, BRAZOS COUNTY. Re: ;•MHMR Authority•of Brazos'Valley,Board-of Trustees.Appointment•.• : . ' ' Iv1H SERVICES.' .; • . -• • . 804 S.Texas Ave., Bryan;TX 7780373946.: - •Dear Judge Peters 8L'commissioners:, '`• - - :•- • • • • (979)822-6467 DAY HAB SERVICES ••• : ••:,Please be.advised'that Linda Goolsby'.s term,as•.a Board..of Trustee member:. • . • •- Life•ChoicesCenter ' - '-..of Mental Health,Mental-Retardation Authority of Brazos Valley • • • - • 623 C.Mary Lake .• . . ' .. Bryan,TX 77801-3424• • - (MHMRABV)"expires.on February 28�,2025:•.'Mrs. Goolsby.has been a • - ' • ' • : -(979)36.11.9870- : • • •• :•supportive and dedicated member of the Board:'.She continues to be an asset • - •• - . BURLESON COUNTY ` = to'MHMRABV• by always placing'the nee• ds•of the staff and the consumers; I03 E.Hwy.21 Caldwell,TX 77836 1225. • (979)567-4377 ' :•`P.ursuant'to the guidelines established'by Senate Bill 112(SB 1.12); • - . ' . • • - 'MHMRABV requests your reappointment of Linda•Go'olsby to fill-the . ' GRIMES COUNTY" •- u.p coming w : u ' • 'For oui • • - ' ' • ; .?Navasota TX 77868-3858. • • convenience,':a summary of applicable sections of•Senate Bill_112 as follows:. . • (936)825-7969 : • . 'LEON COUNTY' • 1.. Boardn: of Trustees'established by•a 'organizational combination of': - . • P:O.Box 5I2: •• - . local agencies(i.e. MHMRABV's seven-county:commissioners' ' ; 203'West Main • Court ) either: ' ' • • . • " • Centerville,TX 7583.3-0512, (903)'536-2'1so' .. :. - • .. • • . MADISON.COUNTY: . . ' shall consist of-5to•9 members selected from the membership' • • - P.0..Box672. ' . ' • : - ' ' of the commissioners courts; Or . , • • 3438 Hwy 2.1 •• :may consist of 5_to 9.members,jointly appointed by the , Madisonville,TX 77864-0672• ' - ' •••' • • ' . • (936)348-3695 • -• • commissioners :court from among the.qualifled voters.of•the • - ' _ region to be served. .,ROBERTSON COUNTY,• • ' • ; 1212 W.Brown •, • Hearne,TX 77859-3067,.,•.'. - 2. ' In appointing Trustees;:the commissioners' courts shall prescribe the. -- ' • , (979)279=5193: • • •' procedures related to'the'appointInent.of a Trustee position which ••. • •• WASHINGTON COUNTY shall:-.' ' - P.O.Box 1662 . • . • 300:Lounge Road . • Brenham,TX 77833:2128 „ . (979)83.0.-0008 - .. - . • . Serving the Brazos Valley for over SO Years • ; • • • ;i . *•-.---;•-•-.•.-....,,,,,•-,-•,..:,....:'..:•••:‘.:.-:.:.r.:=-.„- --..:.•._ :,:.-,..,:.--'.- 1-.I.:::::•••••;...'4'.]:•- ::,;••••.-::(.:.--• :•.-.. :...!•::'....".,'1 ',''.': ....; r'''' 1;.- •"....••, '' '::'!:''' '.''-:'...'.•-'1..'i..,*:;.:.'..',1-'..,.•,..'.:-•._."..1.'•'4.-•.'..'..1•--'-;'.-'.'_.•-,.:..-,-:.-...'*::....:''•1:-.,-:;.,:•s.':•.•1::••:''..:...-::..-:,:.:.:l'.•:::.-.•:',"--'......•-."..•'...-...-.....:.'.',.':.;'V,-:,'.;....-'--.:.-....:.:•..'*;.:.'--::.:.::.•::.;,;:;-.•..:•"„.'..1-.(:-.:...:..-,::„•-.--....l-.'.'-•/:,-.-.-.'-.•,'.•..'.'•..:-:::_1,.-..,;..:.--:*t.:,.-;.,'':••,-••..:"'•••:.-..:;,',.":.::,.:--'..-.;....:.-.,..•;-"1..:..,_,:-.:.•:•;.-..-•.'.:..,--'.'':::''.:.•'`...;.,.'\•-.-I.-:;1_.--.''--.'"...',2...,:.?.'.':.;..::•;:.,-:,-',.::''.'.....-.:.;.:.-,•'.;*.::.••„''•,;-.•:-•-,C,,-...:*:.'••'.--2•.::..•;...-:'••...,•.i.•..h,;:.•.,.-.,.,:''::.:1'':,::.1'-.'":'.:..:1.'•.••.:'-.,'.;':•.,::•:•-.:•••,,'':,:,...:-..:-*::''.••1-.1;-.,;.••-',-:':-•'-•'-.7-1:: --,:':,.":;-,:..k.;`.''?,::i'•:'...-'::•.-.'.'T'--,,•..':...::„1:-..:.;:., - ;'e'stablish•cntena:for becomin` ;a Trustee' includin the,.!i.-_,-..':.•.::,..;.:.••.::.• non-eli g ibili fora ointment prohibiitions containefi in'Sec:•3=02B.• ,':.•: -::,..:..::"...;,-.::-. :......-:,..,."..::-...:--,i,.-c `(a)'Ie`conflicts`o f interest, ;pre•assumption o'f'office•'•traimng '•, ;.' re uirements`established•by Secs 302A ';...:..-,::.::.‘'.....•.....,:,,,,.-':...:—..,-':.:.:*,::.T•.,-.'_:..:.-:','.'.......:'..1..2:.'..'.:,-•.,,.:'..:s•;..,• establish-the:'application':procedure arid.appointment'tora position o _tlie'. '; :'Board;inclt d ng:postin no Aloe.of filling';of.such position;:. . , " . em t to•reflect the ethnic arid:' e' •'.att p g ogr`aphic diversity ofthe.1V1H1VIRABV..s-. . • '.;seven-countylocal'service area'... ". ;i. - _ - - •',-' .•;-' !. assure inclusi'on"of t1ie.Boa d sof:one•or•,'more persons who.are•.consun ers . _ :or,fa_mily members'of consumers of tile' e.of, -.;,.ces' rovided'b' MH `. '%;' •state the:groun'ds-for and procedure'for'"removing,.•a Tiustee-incl ding'those • • grounds:stated m Sec:3 02('B),(g)'- ' ... '.. j.,........:.,.., Linda'Gool'sby.hss been a highly:effective member,of,our:cohesive:tea •m•and her`reappointment . ,for the"ensuing_term would'provide needed-continuity..,for the MHM• :.-.A: Authority;of Biazos • • ' Valley:, Every;Community;Mental;'HealtiMental.Retardation:'Center,in. ,....tate ofTexas ' continually;faces•tremendous challenges•yeai'after'year.,•'�The;current.challeinges include•1) under-funded system,2):ever-incre'asmg need"for`services;3)Local Ne•twork.Development'' • Planning;'and"4)'1Vlanaged•Care_just<to„na• ive afew-<In order:to continue:meeting the-challenges " , ofthe next:two•years;.it is`necessary to have`aided cated.and•'creative`Board"of Trustees;wh....--'in'.''"'.:-' ' ; :'' ' •• •▪•'my-opinion•currently,exists. With Linda Goolsby's='agreement;=and:your:approval;MHMR Authority:of Brazos Valley would welcome her.continued`ass stance and`guidance for:another ' two-year term;`or'. '.our-consideration:fora new appointment: P lease:return:a"co '''of the rage ida a'id`minutes.in order to'document"the:action of the <' i pY: _g • • � .. %commissioner ;court with a letter-••stating at1Mrs;'Goolsby:has'been re-appointed: • :Thank you:for your continued-support:,of MHIVIRABU:'.Please do not'hesitate`to'contact me•,at' ,, than361=9$40•.if:you;need'any further-information: Your>.prompt:attention-and"'cooperation in.,•" •this matter is reatl .a recated:.. . •g y PP . ' •�•' - - . � _ ' • v • 1. Respectfully`Submitted;'' „: - "' Bill'.Kell' x t' e< hectorI •'• . " E ecu iv D _ • _• •'i .Cc:;Linda Goo_ y' _ ':�;- _�= _ :.,;'• _ ssllerita'l•.Health Mental' Retardation'. +. -.HOUSTON ' •..'Author'ity`;of Brazos"Valley "'.pyF� US.POSTACE'mmP � WEs .� r fir, •' '•", •. 1504 Texas Avenue,`Bryan Texas •7.7802'=• -PO: Box 4588,Bryan;Texas.77805. • .,rti ZIP 7.7805'= $700069- 02 W•�� a •, � ..•:- -. ... • D000384755DEC:.:1$.•2024.•' Brazos County,:Commissioners Court:' • • • Attnr Honorable Duane Peters' :200 5.TexasAyenue:Ste'332: • •• -,.• • • • , . . •• • Bryan,,Texas 77803,. •- ••. : . • • , •- �,w^zr .2 • � �....- '•lil�li i,t:lj..tl�il�� 1•r ��.�1.. 1 •11r 1:1. �il�) r � .1..�, _ 1,%.4? , .1Z--:::=',.. )71:;-**. i*.ti . _..-0*i c b ®iL�� BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Budget Office NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Request authorization to wire transfer up to $5,396,749.68 to HHSC for the DY 14 Advanc Uncompensated Care Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. -O: Commissioners Court 'ROM: Nina Payne )ATE: 01/22/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Brazos County LPPF (Fund 16000) Funds must be set up using the TexNet system as required by HHSC. Last day to submit tEQUIREMENTS: IGT on TexNet is Monday, February 3, 2025, with a settlement date of Tuesday, February 4, 2025. In accordance with Texas Administrative Code 1 TAC§355.8212, beginning in Federal Fiscal Yea (FFY)2024, all hospitals, except for state-owned and rural hospitals, are required to enroll, participate in, and comply with requirements for voluntary supplemental Medicaid or directed DOTES/EXCEPTIONS: Medicaid programs for which the hospital is eligible within the State of Texas to participate in UC. Details on this requirement can be found in §355.8212 (c)(1)(F). For additional information, pleas visit: https://pfd.hhs.texas.gov/hospitals-clinic/hospital-services/uncompensated-care-payments kCTION REQUESTED OR Request approval. \LTERNATIVES: ATTACHMENTS: File Name Description Type Uncompensated Care IGT Request February 2025.pdf IGT-UC Request Cover Memo Uncompensated Care Overview.pdf Uncompensated Care Overview Backup Material DY14 Advance UC IGT Allocation Form - Brazos LPPF.pdf UC DY 14 Advance Backup Backup Material •��`�,SS pp TB 1-1 • YOFg BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 1/28/2025 ITEM: Request authorization to wire transfer up to$5,396,749.68 to HHSC for the DY 14 Advance Uncompensated Care Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. TO: Commissioners Court FROM: Nina Payne DATE: 01/22/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Brazos County LPPF(Fund 16000) Funds must be set up using the TexNet system as required by HHSC. Last day to submit REQUIREMENTS: I GT on TexNet is Monday,February 3,2025,with a settlement date of Tuesday,February 4, 2025. In accordance with Texas Administrative Code 1 TAC§355.8212,beginning in Federal Fiscal Year(FFY)2024,all hospitals,except for state-owned and rural hospitals,are required to enroll, participate in,and comply with requirements for voluntary supplemental Medicaid or directed NOTES/EXCEPTIONS: Medicaid programs for which the hospital is eligible within the State of Texas to participate in UC. Details on this requirement can be found in§355.8212(c)(1)(F). For additional information, please visit:https:l/pfd.hhs.texas.gov/hospitals-clinic/hospital-services/uncompensated-care- payments ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description Tvpe Uncompensated Care_IGT Request February 2025.pdf IGT-UC Request Cover Memo Uncompensated Care_Overviewvpdf Uncompensated Care Overview Backup Material DY14 Advance UC_I GT Allocation_Form_ UC DY 14 Advance Backup Backup Material _Brazos_LPPF.pdf :,JPPRO ',22-De Peters Date Nina Payne From: Alex Russell <alex@ahcv.com> Sent: Wednesday,January 22, 2025 5:26 PM To: Nina Payne; Caroline Simpson; Edward C. Bull;Jamie L. Cartwright; Cristian T.Villarreal; Katie D. Conner Cc: Sherra Mershon;Justin Flores;Zach Ervin Subject: RE: Uncompensated Care Program DY 14 IGT Notification—Advance Payment Attachments: 20250122 DY14 Advance UC IGT Allocation Form - Brazos LPPF.xlsx Brazos County Disclaimer *****This is an email from an EXTERNAL source.DO NOT click links or open attachments unless you recognize the sender and have verified that the content is safe.Never enter USERNAME,PASSWORD or sensitive information on pages linked from this email.***** Hello Brazos County team! As you know, the upcoming UC DY14 Advance IGT is taking place on Monday, February 3rd.Accordingly, the hospitals participating within the Brazos County LPPF would like to request the following IGT amount noted below. (Please review the accompanying allocation.) Please note:This amount is the maximum amount we expect Brazos County to IGT for the MRSA Central SDA; however,we expect legacy funding sources to reduce the need. These have not been verified yet and we will communicate any such reduction as soon as we are able. UC DY14 Advance—total requested IGT amount$5,396,749.68 • Jefferson SDA: $173,147.29 • MRSA Central SDA: $4,549,768.19 • Travis SDA: $673,834.20 HHSC requires this amount to be entered into TexNet no later than the close of business 2/3/2025 with a settlement date of 2/4/2025. These funds will need to be placed in the "UC" Bucket. Upon successful completion of the IGT, please submit the PDF of the TexNet Trace Sheets and allocation forms to PFD UC Payments@hhs.texas.gov.AHCV also kindly requests to be copied on the TexNet submission to HHSC on or before the deadline noted above. Please do not hesitate to contact us with any questions. Regards, Alex Russell I Director of Finance Adelanto HealthCare Ventures L.L.C. 174 Saundersville Road,Suite 504 Hendersonville,TN 37075 Cell: (615) 663-6204 http://www.ahcv.com 1 From: Nina Payne<npayne@brazoscountytx.gov> Sent:Wednesday,January 15, 2025 10:45 AM To: Caroline Simpson<caroline@ahcv.com>; Edward C. Bull <EBull@brazoscountytx.gov>;Jamie L.Cartwright <JCartwright@brazoscountytx.gov>; Cristian T.Villarreal<CVillarreal@brazoscountytx.gov>; Katie D. Conner <KConner@brazoscountytx.gov> Cc:Sherra Mershon<smershon@ahcv.com>;Alex Russell<alex@ahcv.com>;Justin Flores<justin@ahcv.com>;Zach Ervin<zervin@ahcv.com> Subject: RE: Uncompensated Care Program DY 14 IGT Notification—Advance Payment CAUTION EXTERNAL EMAIL° email o ginated rememail`address ®® o nEW open attachments oa - informations(-67111recognize sender r know content Caroline, For Brazos County to meet the TexNet due date of February 3`d, I must receive the IGT amounts no later than Wednesday,January 22nd Thanks, Nina N. Payne Budget Officer, Brazos County Brazos County Administration Building 200 South Texas Avenue Brazos County,Texas 77803 tel. (979)361-4186 fax (979)361-4503 ATTENTION PUBLIC OFFICIALS (elected and/or volunteers): A"Reply to All" of this e-mail could lead to violations of the Texas Open Meetings Act. If replying, please reply only to the sender. From: Caroline Simpson <caroline@ahcv.com> Sent:Wednesday,January 15, 2025 10:04 AM To: Edward C. Bull<EBull@brazoscountytx.gov>; Nina Payne<npayne@brazoscountytx.gov>;Jamie L. Cartwright <JCartwright@ brazoscountytx.gov>;Cristian T.Villarreal<CVillarreal@brazoscountytx.gov>; Katie D. Conner <KCon ner@ brazoscou ntytx.gov> Cc:Sherra Mershon<smershon@ahcv.com>;Alex Russell<alex@ahcv.com>;Justin Flores<justin@ahcv.com>;Zach Ervin<zervin@ahcv.com> Subject: Uncompensated Care Program DY 14 IGT Notification—Advance Payment Brazos County Disclaimer V *****This is an email from an EXTERNAL source.DO NOT click links or open attachments unless you recognize the sender and have verified that the content is safe.Never enter USERNAME,PASSWORD or sensitive information on ' pages linked from this email.***** Hello, Brazos County Team! We hope this email finds you in a great place! 2 We want to make you aware of the most recent timeline from HHSC regarding the upcoming UC DY14 Advance IGT. Below is the timeline provided by HHSC,which shows a TexNet due date of Monday; February 3'd, 2025,with a settlement date of February 4th UC DY14 Advance IGT Timeline • Last day to enter TexNet/IGT Due Date: Monday, February 3rd, 2025 • IGT Settlement Date:Tuesday, February 4th, 2025 We will work to provide you with recommended IGT amounts no later than,January 29th, 2025. Please confirm that this timeline is sufficient to ensure the IGT can be submitted on or before the February 3rd deadline. Let us know if you have any questions and thank you for your continued assistance and flexibility. Thank you, Caroline Simpson I Senior Financial Analyst Adelanto Healthcare Ventures, L.L.C. Mobile:270-991-6430 Web:www.ahcv.com Email:caroline@ahcv.com 174 Saundersville Road,Suite 503&504 Hendersonville,TN 37075 From:Texas Health and Human Services Commission <txhhs@public.govdelivery.com> Sent:Tuesday,January 14, 2025 9:07:26 AM To: Caroline Simpson caroline@ahcv.com Subject: UC Program DY14 IGT Notification—Advance Payment CAUTION EXTERNAL EMAIL°dBEI email originated from einl external'email address.Co links,'- open attachments o CR'share!Information lu..W[1C:@K recognize ft sender EEO know MD content Bl • safe I I f 1 1 ' � I UC Program DY14 IGT Notification - Advance Payment � I � 3 HHSC is providing notification of the Intergovernmental Transfers (IGT) call for the Uncompensated Care (UC) Demonstration Year (DY) 14 Advance Payment. DY14 UC Advance Calculation File for Hospitals and Physician Group has been updated as of Jan. 13, 2025 and can be found under the "UC Advance Calculation Files" heading on the Provider Finance Department website. State Hospitals (except UT Southwestern), must submit a journal entry for the All Funds/Payment Amount located in Column 0 of the "UC DY14 Advanced Calculation" tab. The journal entry should be submitted no later than Feb. 10, 2025. IGT transfer amounts for all others (including UT Southwestern) can be found in Column P on the same "UC DY14 Advanced Calculation" tab of the DY14 UC Advance Calculation file. The IGT must be entered into TexNet no later than the close of business on Feb. 3, 2025, with a settlement date of Feb. 4, 2025. • This settlement date is non-negotiable. • The funds need to be placed in the "UC" Bucket. Funds should be transferred through TexNet using the TexNet instructions. After transferring funds, please send an email with a screenshot or PDF of the confirmation or trace sheet to the Provider Finance Payments UC Team. An IGT allocation form designating what Service Delivery Area (SDA) the IGT is being submitted for must also be submitted with the Trace Sheet. Submit the trace sheet and IGT allocation as two separate documents. The "UC SDA Allocation Form" can be found under the "Additional Information" heading on the UC Payments website. Email any questions regarding the calculation in general to the Provider Finance Hospital Services Team. You have subscribed to get updates about Texas Health and Human Services(HHS). For more information about HHS, please visit our website. 4 Stay Connected II (en espanol) Subscriber Services Manage Preferences I Unsubscribe I Help This email was sent to alexahcv.com using govDelivery Communications Cloud on behalf of:Texas Health and Human Services Commission•707 17th St,Suite 4000•Denver,CO 80202 x 5 OVERVIEW The intent of the Texas Medicaid Waiver Application("UC Application")is to provide a simplified way to subsidize the costs incurred by hospitals and physicians for patient care services (as further defined below)provided to Medicaid and Uninsured patients that are not reimbursed through the claims adjudication process or by other supplemental payments. All UC payments to providers and all expenditures described as UC permissible expenditures must not exceed the cost of services provided to Medicaid and Uninsured patients as defined and discussed in this protocol. These unreimbursed Medicaid and Uninsured costs are determined based on one of two UC tools depending on the type of entity providing the service.These tools have been approved by the Centers for Medicare and Medicaid Services(CMS).To the extent that there are UC expenditures a hospital provider wants to make against the UC cost limit, and the methodology for capturing such expenditures is not stated in this protocol,the expenditures must be approved by CMS prior to the submission of the reconciliation for the applicable period for the expenditures. The Medicaid coverage limitations under Section 1905(a) of the Act,which excludes coverage for patients in an IMD who are under age 65, except for coverage of inpatient psychiatric hospital services for individuals under age 21,are.applicable. The Texas Hospital Uncompensated Care tool("TXHUC")will be utilized by hospitals to determine their unreimbursed costs for Medicaid and Uninsured patients for physician's and mid-level professional's direct patient care services where the hospital incurs these costs. In addition,if the hospital has unreimbursed hospital costs for services provided to Medicaid and Uninsured patients that were not paid via the claims adjudication process or thru the Medicaid Disproportionate Share(DSH)pool,these costs can be included in the TXHUC application. Also,for some hospitals meeting the criteria,unreimbursed pharmacy costs for take home drugs provided by the hospital to Medicaid and Uninsured patients will be included in the TXHUC application. The Texas Physicians Uncompensated Care tool("TXPUC")will be utilized by physician entities that provide direct patient care physician and mid-level professional services to Medicaid and Uninsured patients in a hospital setting and the professional entity is not reimbursed under a contractual or employment relationship by the hospital for these services. The professional entity may also include in its TXPUC application the costs related to direct patient care services provided to Medicaid and Uninsured patients in anon-hospital setting. Only physician entities that had previously received payments under the Texas Medicaid Physician UPL(Upper Payment Limit)program and their successor organizations are eligible to submit a TXPUC application under.the 1115 Waiver program. The costs and other data included in the initial UC application should be representative of the fiscal period from October 1,2009 through September 30, 2010. The UC application should be submitted to the Texas Health and Human Services Commission(HHSC)by the deadline specified by HHSC on its website at http://www.hhsc.state.tx.us/rad/hospital-svcs/1115-waiver.shtml.Applications for future fiscal periods which will cover the period from October 1 through September 30 of the applicable years will be due to HHSC by the deadline specified by HHSC. For hospitals,due to the five (5)month time period for the completion of the Medicare cost report which serves as the basis for the costs to be reported on the UC application, some entities will not have completed their cost report prior to the deadline for the submission of their UC application. In these situations,the hospital should submit a full 12 months of data on the UC application based on the most recently completed Medicare cost reporting period that includes a minimum of twelve(12)months. It should be noted that when HHSC completes the reconciliation process,HHSC will utilize the hospital's actual data reported on their respective UC applications, weighted accordingly,to determine the hospital's final UC Pool distribution.This should not be an issue for physician and mid-level professional organizations since their financial data should be available immediately following the end of their respective fiscal years. All costs and other data reported in the UC Application are subject to the Medicare regulations and Program instructions. The entity submitting the UC Application must maintain adequate supporting documentation for all information included in the UC Application in accordance with the Medicare program's data retention policies. The entity must submit the supporting,documentation upon request from HHSC. For purposes of the UC Application,a mid-level professional is defined as: • Certified Registered Nurse Anesthetist(CRNA) • Nurse Practitioner • Physician Assistant • Dentist • Certified Nurse Midwife • Clinical Social Worker • Clinical Psychologist • Optometrist For purposes of the UC Application, a visit is defined as: A face-to-face encounter between a patient and a physician. Multiple encounters with the same physician that take place on the same day and at a single location constitute a single visit. More than one visit may be counted on the same day(which may be at a different location)in either of the following situations: a) When the patient, after the first visit, suffers illness or injury requiring another diagnosis or treatment,two visits may be counted. b) When the patient is seen by a dentist and sees a physician,two visits may be counted. Brazos County LPPF DY14 UC/SDA Allocation Form TRACE Number: Agenda Date: Tuesday, January 28, 2025 TexNet: Monday, February 3, 2025 Settlement Date: Tuesday, February 4, 2025 Bucket: "UC" Bucket The Trace Number is in the receipt you receive from the Comptroller once you have submitted your IGT into TexNet. The Trace Sheet and Allocation Form must be submitted together in the same email. All Trace Sheet submissions must be accompanied by an Allocation Form. If a governmental entity is submitting in multiple SDA's, a separate allocation form must be submitted for each SDA SDA Government Entity IGT Total Jefferson Brazos County LPPF $ 173,147.29 MRSA Central Brazos County LPPF $ 4,549,768.19 Travis Brazos County LPPF $ 673,834.20 Total $ 5,396,749.68 Check - Nina Payne npayne@brazoscountytx.gov 979-361-4186 Katie Conner kconner@brazoscountytx.gov 979-361-4359 T*-., YF.p .. BRAZOS COUNTY BRYAN, TEXAS • )EPARTMENT: Fleet Services NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Approval requested from Fleet Services to transfer a 2006 E350 known as Asset #A001000640 from Jail Division to Facility Services and remove a 2000 Chevrolet Expres: known as Asset#1700015454 from Facility Services. -O: Commissioners Court ROM: Dwayne Holloway )ATE: 01/23/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 Fleet Services would like to request the transfer of a 2006 E350 known as Asset \CTION REQUESTED OR #A001000640 from Jail Division to Facility Services and remove a 2000 Chevrolet Expres: \LTERNATIVES: known as Asset#1700015454 from Facility Services. ATTACHMENTS: File Name Description Type Vehicle Transfer Memo.pdf Memo to Transfer Assets Cover Memo NI!. Op• r 4C' '+t a' BRAZOS COUNTY FLEET SERVICES Ken Chadwick,Fleet Manager Duane Peters,Brazos County Judge Bentley Nettles,County Commissioner Pct. 1 Fred Brown,County Commissioner Pet.3 Chuck Konderla,County Commissioner Pct.2 Wanda J.Watson,County Commissioner Pct.4 MEMORANDUM From: Dwayne Holloway Assistant Fleet Director Date: January 23, 2025 Re: Vehicle Transfer Fleet Services respectfully requests your approval to transfer a Jail food van (Jail 135-2006 E350,20,000 miles),which is no longer in use,from the Jail Division to Facilities Services. In exchange,we would like to remove van FS1373(2000 Chevrolet Express,67,335 miles)from the Facilities Services fleet. Additionally,we propose placing a 2015 Durango (S0234)in place of FS1373 within the Jail Division.The. Durango would better meet the needs of the department,primarily for running errands,compared to the current E350 van. During the FY25 budget process,Facilities Services requested a high-roof van to replace FS1373 due to its age and condition.With the Jail van no longer in use,this transfer would effectively fulfill the request. We appreciate your consideration and approval of this proposal. .hrtArvere- 111130.4a-g— Dwayne Holloway . PROVED Duane Peters Dat County Judge 2617 Highway 21 West Bryan,Texas 77803 Office(979)822-21 27/Fax(979)775-0453 tl {4 � 7 `y7�1� � • $ BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Approval of Acceptance of Assignment of Commercial Contract- Improved Property at 2504 Kent Street, Bryan, Brazos County, Texas. "O: Commissioners Court )ATE: 01/15/2025 =ISCAL IMPACT: False BUDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Assignment of Contract - 2504 Kent St Assignment of Contract Cover Memo (Signed).pdf ASSIGNMENT OF COMMERCIAL CONTRACT—IMPROVED PROPERTY FOR VALUE RECEIVED, Mike Gentry ("Assignor"), does hereby sell, assign, and transfer to Brazos County ("Assignee"), all right, title, and interest in and to that certain Commercial Contract— Improved Property dated effective December 11, 2024 (the "Contract"), executed by Rosenbaum • Schoenvogel Investments,LP,as the Seller,and Assignor as the Buyer,for the sale and purchase of that certain tractor parcel of land located at 2504 Kent Street,Bryan,Brazos County,Texas,as more particularly • described in the Contract. EXECUTED on the day of d G✓'t00,07 2025. ASSIGNOR: ike Gentry APPROVED 11111160-- Duane Peters eI%�' County Judge ate 41526-40594:Assignment of Contract-2504 Kent St Page 1 ACCEPTANCE OF ASSIGNMENT Assignee hereby accepts the foregoing assignment of the Contract and agrees to assume and perform all the duties and obligations to be performed by the Buyer under the Contract to the same extent as if Assignee had originally been named as the Buyer in the Contract. • EXECUTED on the c2, day of 2025. % . ASSIGNEE: BRAZOS COUNTY By: Name: 1—' — *.14--�``��- Title: N 41526-40595:Assignment of Contract-2504 Kent St Page 2 *,yti) yid BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Purchasing NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Approval to purchase election equipment upgrade and supplies from Hart InterCivic in the amount of$25,690.04. "O: Commissioners Court 'ROM: Presley Nelson )ATE: 01/23/2025 :ISCAL IMPACT: False BUDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Act oc v .,RTYQF Y,1� BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Purchasing NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Approval of Deductive Change Order to CIP#23-607 Macey Road Reconstruction with Knife River Corp. in the amount of$220,218.71, decreasing the total contract amount to $5,250,674.24. "O: Commissioners Court 'ROM: Presley Nelson )ATE: 01/22/2025 :ISCAL IMPACT: False 1UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Partly Executed Change Order #1.pdf Change Order#1 Backup Material Fully Executed Contract - Knife River Original Contract Backup Material (Macey).pdf 12 4:i OFyTF •%yv': { 1y0F84� . BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 1/28/2025 ITEM: Approval of deductive change order to CIP#23-607 Macey Road Reconstruction with Knife River Corp. in the amount of$220,218.71,decreasing the total contract amount to $5,250,674.24. TO: Commissioners Court FROM: Presley Nelson DATE: 01/22/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ,ATTACHMENTS: File Name Description Type Partly Executed Change Order #1.pdf Change Order#1 Backup Material Fully Executed Contract - Original Contract Backup Material Knife River (Macey.),pdf • A.PPRO' r ilk411111N J., :44411% 2/-2 Duane Peters Pate County Judge CHANGE ORDER 01 Date of Issuance: 1i10i2025 Owner. Brazos County Road&Bridge Owner's Contract No.: CIP#23-607 Contractor Knife River Corp.-South Engineer's Project No.: 619020 Project Macey Road The Contract is modified as follows upon execution of this Change Order. Description:Deductions for items not used. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT ITEMS FOR MACEY ROAD Original Contract Price: Original Contract Times:170 Days S5,470.892.95 Substantial Completion:April 24,2024 Ready for Final Payment May 24.2024 Change from previously approved Change Order:NIA: Change from previously approved Change Orders:0 days 0.00 Substantial Completion:April 24,2024 Ready for Final Payment:May 24.2024 Contract Price prior to this Change Order. Contract Times prior to this Change Order:179 days 95.470.892.95 Substantial Completion:October 20.2024 Ready for Final Payment November 19.2024 Change of this change Order. Decrease of this Change Order. Additional Days:WA 4220,218.71 Substantial Completion:October 20.2024 Ready for Final Payment November 19.2024 Contractor Price Incorporating this Change Order. Contract Times with all approved Change Orders: $5,250,874.24 Substantial Completion:October 20.2024 Ready for Final Paymen er 19.2024 APfPROV CEPTED:B Y: BY Owner tho d gnature) Contractor(Autho' Signature) Title: V r Title: V Date: 1 - t'3 7..0 2 $ _ Date: RECOMty ND J Date: OU1012025 By: 114- Title: Cva Engineer AGREEMENT ► FOR MACEY ROAD RECONSTRUCTION ► RFP ## CIP 23-607 BRAZOS COUNTY, TEXAS • Pa e 1 Agreement for Constntction—Macey Road Reconstruction RFP CIP 23-607 g TABLE OF ARTICLES • 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work • 16. Standards 17. Prohibitionagainst personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract �ff • ' I Agreement for Construction—Macey Road Reconstruction RFP CIP 23.607 Page 2 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY ROADWAY This Agreement for the construction of the MACEY ROAD RECONSTRUCTION, Brazos County, Texas, in the amount of FIVE MILLION, FOUR HUNDRED AND SEVENTY THOUSAND, EIGHT HUNDRED AND NINETY TWO DOLLOARS AND NINETY FIVE CENTS ($5.470,892.951 is entered into this J day of October 2023 by and between BRAZOS COUNTY,TEXAS (hereafter referred to as"Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and KNIFE RIVER CORP. — SOUTH (hereinafter referred to as "Contractor"). The MACEY ROAD RECONSTRUCTION is hereinafter referred to as the "Project." The Engineer for the Project is the firm of GLS and is hereinafter referred to as "Engineer." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor (hereinafter the "Agreement"), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP# CIP 23-607 and j p the Drawings, Project Manual and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or(4) a clarification, interpretation or written order for a minor change in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub-paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties,hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Engineer or Engineer's consultants; (2) between the Owner and a Subcontractor or Sub—subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Engineer shall, however, with the consent of Owner, be entitled to performance and enforcement of obligations under the • Contract intended to facilitate performance of the Engineer's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. I. Agreement for Construction-Macey Road Reconstruction RFP CIP 23-607 Page 3 • Although not indicated, "Work" includes providing supplementary or miscellaneous g items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the rehabilitation of the MACEY ROAD RECONSTRUCTION in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK:This project consists of the rehabilitation of a portion of Macey Road. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, . location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems,standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the AIA "Glossary of Construction. Industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation and services referred to and installation of the materials, equipment and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State and local laws and ordinances as well as requirements of Federal, State and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use in a sentence clearly implies a different interpretation. .3 Where "as shown," "as indicated, "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the Agreement for Construction—Macey Road Reconstruction RFP CIF 23-607 Page 4 work. Refer to Sections 8.1.1 and 8.1.2, .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Engineer approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Engineer, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Engineer and Owner. .8 Date of Final Completion: The date when Engineer and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance —An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury,sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not—In—Contract( N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Documents, Specifications and Drawings) issued prior to the execution of the Agreement. .18 Agreement/Contract;Agreement/Contract means the same and are used Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 5 interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path:The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated Items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to be interpreted to include the applicable form of the phrase"the Contract shall" preceding the expressed verb,with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Engineer mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Engineer shall mean; Type of evaluation that a reasonably prudent Engineer, in the exercise of ordinary care, would make to determine if the Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 6 proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub-contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications orwithin either document,the better quality and the greater quantity of work shall be provided unless otherwise directed by Engineer. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of"work included,""work excluded"and "description of the work"and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (I) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other Agreement for Construction—Macey Road Reconstruction RFP CIP 23'-607 Page 7 documents published by the American Institute of Engineers. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as"the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. • 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s)to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be i performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS: 1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and/or Engineer's consultants are Instruments of the Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub—subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants,and unless otherwise indicated the Engineer or the Engineer's consultants shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright, unless indicated differently in the Owner— Engineer Agreement. The Drawings, Specifications and other documents prepared by the Engineer, and copies thereof furnished to the Contractor,are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub—subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Engineer and/or Engineer's consultants. The Contractor, Subcontractors, Sub—subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and/or Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and/or the.Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's copyright or other reserved rights. 1.6.2 CONTRACTOR'S USE OF INSTRUMENTS OF SERVICE IN ELECTRONIC FORM 1.6.2.1 Engineer may furnish or sell, at an agreed upon cost, to Contractor, Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 8 • Subcontractor, Sub-subcontractor, and material and equipment supplier, or other versions of Instruments of Service in electronic form for use solely with respect.to this Project. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic means involving computers. 1.6.2.2 If required to be furnished, or if furnished, Engineer or Engineer's Consultants will furnish electronic data in software format in use by Engineer at the time Engineer's services are performed. Contractor, any Subcontractors or Sub- subcontractors,material or equipment suppliers,or others shall be responsible for proper storage, maintenance and conversions necessary to prevent degradation or obsolescence of data. Any change or modification in electronic data by Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, or others shall be at their sole risk and without liability or legal exposure to Engineer, Engineer's consultants or Owner, and to fullest extent permitted by law, the Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers agrees to hold harmless and indemnify Engineer, Engineer's consultants and Owner from and against all claims, liabilities, losses, damages and costs, including but not limited to reasonable attorney's fees, arising there from or in connection therewith. 1.6.2.3 The Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers,and others understand that the conversion of electronic information and data supplied by the Engineer or Engineer's consultants from the system and format used by the Engineer or Engineer's consultants to an alternative or upgraded system or • format, whether performed by Engineer, Engineer's consultants or others, cannot be accomplished without the introduction of inexactitudes,anomalies, omissions and errors. In the event the electronic data furnished to the Contractor, any Subcontractors or Sub- subcontractors, material or equipment suppliers, is converted, they agree to assume all risks associated with such conversion. If Engineer and/or Engineer's consultants furnish electronic data, the Contractor, any Subcontractors or Sub-subcontractors, material or equipment suppliers, and others agrees to hold Engineer, Engineer's consultants and Owner harmless and to waive any and all claims, liabilities, losses, damages and costs arising out of, or in any way connected with, the conversion of electronic data supplied by the Engineer or Engineer's consultants. 1.6.2.4 If documents, including those in electronic form, are modified, revised or changed in any way by the Contractor, Subcontractor, Sub-subcontractor, and material and equipment supplier, or others, any reference to the Engineer and Engineer's consultant and any professional seals and signatures shall be removed from the documents. 1.6.2.5 In consideration for the use of the Drawings, Specifications and other documents, including those in electronic form, Contractor, Subcontractor, Sub- subcontractor, material and equipment supplier and others agree to indemnify, defend and hold harmless the Engineer, Engineer's consultants and Owner from and against, any claim or liabilities arising out of such use. Agreement for Construction—Macey Road Reconstruction RFP CIP 23.607 Page 9 ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is Brazos County, Texas. The term "Owner" means the Owner or the. Owner's authorized representative. The Owner's representative is Capital Project Manager,or such other person as may from time to time be so designated by the Brazos County Commissioners Court to act on behalf of Owner. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and within five (5) days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics and legal limitations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.2 Except for permits and fees, including those required under Paragraph 3.7,which are the responsibility of the Contractor under the Contract Documents, Owner shall secure and pay for necessary approvals, easements,assessments and charges required for construction. 2.2.3 information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness and complete and accurate to the best of the Owner's information and belief.Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.4 Contractor will be furnished, free of charge, one set of Contract Documents in Adobe "PDF" file format suitable for plotting or printing. Contractor may use for limited i. purpose of making prints thereof required for use in performance of Work, in accordance with Paragraph 1.6. 2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails, more than once, to carry out Work in accordance with the Contract Documents, the Owner by written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; Agreement for Constniction—Macey Road Reconstruction RFP CIP 23-607 Page 10 however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. Owner does not waive the right to stop the work in any future situation if Owner waives this right in any one situation. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated,any items of work scheduled to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then, or thereafter, due the Contractor the cost of correcting such deficiencies, including compensation for the Engineer's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done after consultation with the Engineer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner-Contractor Agreement, as a direct result of the Engineer's negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor's and Surety's responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner reserves the right to: .1 observe the work, at any time, whenever it is in preparation or progress; .2 make emergency repairs to the work during the guarantee period, to prevent further damages and the Contractor shall pay for such repairs when necessitated by defects in the Contractor's work; .3 make changes to the work. 2.4.4 The Owner shall not be required to accept from the Contractor(unless specifically agreed upon): .1 Partial Substantial Completion; .2 Substantial Completion when it occurs prior to the expiration of the Construction Time. Agreement for Constriction—Macey Road Reconstruction RPP CIP 23-607 Page 11 ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor"means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Engineer as a properly prepared, timely Request For Information (RFI) in such form as the Engineer may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to the Contractor as a Request For Information (RFI) in such form as the Engineer may require. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications, interpretations or instructions issued by the Engineer in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, Agreement for Construction 12ction—Macey Road Reconstruction RPP CIP 23-607 Page omission or difference and knowingly failed to report it to the Engineer. 3.2.3 The Contractor shall verify the location of all easements before beginning the Project. 3.2.4 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and comply with current • industry execution standards and manufacturer's current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely • responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Engineer and shall not proceed with that portion of the Work without further written instructions from the Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the Contractor or a Subcontractor. 3.3.6 The Contractor shall provide a full—time Project Superintendent. Refer to RFP Section 8(f). 3.3.7 Lavout/arades will be per plans. Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 13 { 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not,incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only if allowed by Contract Documents and with the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order, or by Owner's approval of a Substitution Request. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under this Contract will be of good quality and new unless otherwise specified and that all Work will be provided in accordance with the requirements of the Contract Documents and will be of good quality, free of faults and defects. All Work not conforming to the requirements of the Contract Documents, including substitutions or changes made by the Contractor or any subcontractor, material supplier or equipment supplier that have,not been specifically identified (PRIOR to Contract award) by means of a Letter of Notice to Engineer and properly accepted and authorized by Engineer,shall be considered defective and not in agreement with the requirements of the Contract Documents, and shall be promptly corrected in accordance with the requirements of Article 12 of this Agreement and amendments thereto as set forth in Supplementary Conditions or Modifications. Notation or listing of such substitutions or changes on shop drawings or other types of submittal will not be considered acceptable to Engineer whether or not such submittal has been reviewed or stamped by Engineer. Notice must be specific and transmitted in letter form. If required by Owner or Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment actually provided. This warranty is not limited by the provisions of Paragraph 12.2. 3.5.2 Immediately prior to Date of Substantial Completion, Contractor shall execute and deliver to Engineer, a written warranty in approved form, stating that all materials and equipment provided and all work performed are in accordance with the requirements of the Contract Documents and authorized modifications and additions thereto; and further stating that Contractor guarantees, should any condition arise or be disclosed during the time of Contract warranty, which conditions are due to incomplete, or improper or defective materials, or due to incomplete or improper or defective workmanship or arrangement, such condition,together with all work affected in correcting such condition, shall be (upon written notice from Owner) promptly and satisfactorily corrected by Contractor at no additional cost to Owner. Contractor shall be fully responsible for the prompt, satisfactory completion of all warranty work whether performed by his own or subcontract personnel. 3.5.3 Work Covered by Warranty: Contractor's warranty shall cover all work under the Agreement for Construction—Macey Road Reconstruction RFP C!P 23-607 Page 14 • Contract,whether or not any portion or trade has been assigned or sub—let. In the event any portion of the Work is performed by an assignee or subcontractor, Contractor shall obtain from such assignee and/or subcontractor a written warranty to Contractor and Owner covering their respective portion of the Work for the period required. Contractor shall deliver them, together with his own warranty, to Owner prior to final payment. Assigns' and subcontractors' warranties shall expressly provide that the same shall be enforceable directly by Owner, if he so elects, and shall run concurrently with Contractor's warranty. Warranty shall be secured by Contractor's Performance Bond as directed by Owner. 3.5.4 Time of Warranty: Contractor's warranty shall be for a period of one year from Date of Substantial Completion of the Work. Should a warranty required under any Section of the Specifications or of this Contract be for a period of more than one year, Contractor's and subcontractor's warranty, with respect to such work, shall be for such longer period. Warranty for work done subsequent to Date of Substantial Completion shall be for a period of one year from date of Final Completion or such longer period, if so specified. 3.5.5 Partial Occupancy: Should Owner occupy a portion of the Work before the date . of Substantial Completion, the warranty period for that portion so occupied shall begin on the date of such occupancy as agreed in writing with Owner. 3.5.6 Objectionable Process: Where any material, process, or method or operation or application procedure is required, which in the opinion of the Contractor, would render the finished work unsuitable for the required warranty, then, before a bid is submitted, such unsuitable material, process, or application method shall be objected to in writing to Engineer, stating reasons therefore and recommending other alternate materials or methods so that the Work,when completed,will be suitable for the required warranty. In the event the Contractor's recommendations are approved, the work shall be installed in accordance therewith, and all changes in cost resulting there from shall be included in the Contract bid amount. 3.5.7 Under the requirements of this Paragraph 3.5, Contractor shall be responsible for: .1 Damages existing facilities, fences or other appurtenances or services when damages result from use of faulty materials or negligent workmanship. .2 Warranting modifications accepted under subparagraph 3.5.6 above will give satisfactory results. .3 Warranting substitutions will be equal or superior to the specified item or method unless he specifically lists shortcomings in his request for making • substitution. .4 Obtaining and enforcing all subcontract warranties with particular attention being directed to enforcement of warranty work by electrical and other subcontractors. 3.6 TAXES 3.6.1 Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were Agreement for Construction--Macey Road Reconstruction RFP C[P 23-607 Page 15 concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 Contractor requires all Subcontractors, Sub-subcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as clearly discernible separate item to facilitate Contractor's keeping tax as separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.1.1 Owner shall secure and pay for health and environmental impact fees, water and sewer connections and impact fees, and zoning regulation fees and permits. The Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution of and completion of Work which are customarily secured after execution of Contract and which are legally required when bids are received or Contract is executed. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and Owner in writing and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work, knowing it to be contrary to laws, statutes, ordinances,building codes,and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear all the costs attributable for any and all repairs required for conformance, including but not limited to, any penalties, fines or other damages realized.. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade 4 Agreement for Construction—Macey Road Reconstruction RPP CIP 23-607 Page 16 discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances, and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (1)the difference between actual costs and the allowances under Clause 3.8.2.2, and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.8.3 Contingency Allowance is established as $150,000.00 and shall be processed pursuant to the Specifications. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent. Refer to RFP Section 8(f). 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed . superintendent. The Owner or Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1)whether the Owner or Engineer has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection.The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly(within ten (10)days)after notification of contract award, shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised monthly or at appropriate intervals as required by the conditions of the Work and Project whichever is less, shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work. 3.10.1.1 Owner may authorize construction activities to commence prior to completion of Drawings and Specifications. If Drawings and Specifications require further development at the time the initial construction schedule is prepared, Contractor shall: 1) allow time in the schedule for further development of Drawings and Specifications by Engineer, including time for review by Owner and Contractor and for Contractor's coordination of Subcontractors' Work, and 2) furnish to Owner, in a timely manner, information regarding anticipated market conditions and construction cost, availability of labor, materials and equipment, and proposed methods, sequences and time schedules for construction of Work. 3.10.2 The Contractor shall prepare and keep current, for the Engineer's approval, a Agreement for Construction—MM[accy Road Reconstruction RFP CEP 23-607 Page 17 schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer reasonable time, as defined by the Engineer to review submittals. If the Contractor fails to submit a schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. 3.10.4 Owner shall not be bound by any early completion deadline submitted in any schedule. 3.10.5 Owner does not approve or accept any schedule, but reserves the right to review, comment and reject. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittal. These shall be available to the Engineer and shall be delivered to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams,rams schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub—subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts,, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Engineer is subject to the limitations of Subparagraph 4.2.7.-Informational submittals upon which the Engineer is not expected to take responsive action may be so Identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Engineer without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Engineer; Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Agreement for Construction—Marcy Road Reconstruction RFP COP 23-607 Page 18 • Contract Documents and approved by the Contractor may be returned by the Engineer without action. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals,the Contractor and Sub-contractor represent to the Owner and Engineer that the Contractor and Sub-contractor have (1) reviewed and approved them, (2) have reviewed for compliance with the Contract Documents, (3) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (4) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, and have approved the submittal. 3.12.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Engineer. Such Work shall be in accordance with approved submittals. .1 The Contractor shall make all revisions as noted by Engineer and shall re— submit the required number of corrected copies of Shop Drawings, product data or samples until no exceptions are taken. The Contractor shall direct specific attention, by cover letter accompanying resubmitted Shop Drawings, to all revisions made in addition to those requested by Engineer on previous submissions, if any. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and the Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In absence of such written notice the Engineer's approval of a re-submission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless'the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop . Drawings and other submittals prepared by such professional. Shop Drawings and other Agreement for Construction—Macey Road Reconstruction RPP CIP 23-607 Page 19 submittals related to the Work designed or certified by such professional,, if prepared by others, shall bear such professional's written approval when submitted to the Engineer. The Owner and the Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Engineer have specified to the Contractor appropriate performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10,the Engineer will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, policies, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 Contractor shall assume full responsibility for protection and safekeeping of materials stored on premises. 3.13.3 Contractor shall provide all necessary precautions to protect public, visitors and tenants from activities of Contractor or his agents on project. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed construction, by the Owner, or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner, or a separate contractor, except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner, or a separate contractor, the Contractor's consent to cutting or otherwise altering the Work. lI 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the contractor fails to clean up as provided in the Contract Documents after reasonable notice from Owner of such failure, the Owner may do so and the cost thereof Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 20 { shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide governmental authorities who lawfully request access to the work, the Owner and Engineer proper facilities and equipment for access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Engineer harmless from loss (including but not limited to attorney's fees, court cost, and other cost of defense), on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright, trademark, trade name, or similar property right or interest, or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Engineer. 3.18 INDEMNIFICATION 3.18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR. SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ITS ELECTED OFFICIALS, APPOINTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ENGINEER, ENGINEER'S CONSULTANTS (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGES, LOSS, COSTS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH OR TO INJURY TO, OR DESTRUCTION OF, TANGIBLE PROPERTY(OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF IN ANY WAY OCCURRING, INCIDENT TO,ARISING OUT OF OR 1N CONNECTION WITH: (A)A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS CONTRACTORS, SUB-CONTRACTORS, SUB-SUB- CONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) • ANY NEGLIGENT ACTION AND/OR OMISSION OF THE INDEMNITEES RELATED IN ANY WAY TO THE PROJECT WHETHER THE INDEMNITEES ARE NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE LOSS IS CAUSED BYTHE SOLE FAULT OR NEGLIGENCE (INCLUDING ACTS OR OMISSIONS THAT ARE CHARACTERIZED AS NEGLIGENCE PER SE, NEGLIGENCE PREMISED ON STRICT LIABILITY, OR ANY OTHER TYPE OF NEGLIGENCE) OF THE 1NDEMNITEES; OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS AND EXPENSES IN CONNECTION WITH: (1) A VIOLATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES;(2)MEANS,METHODS,PROCEDURES OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES AND INSPECTIONS FOR WHICH THE CONTRACTOR IS RESPONSIBLE UNDER Agreement for Construction—Macey Road Reconstruction RPP CIP 23-607 Page 21 THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WHOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION 3.18. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILTY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE AND SHALL NOT LIMIT INDEMNITEES' OTHER LEGAL REMEDIES AGAINST CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 3.18.2 In claims against any person or entity indemnified under Paragraph 3.18 by an employee of the Contractor, a Subcontractor, Sub-Sub-contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under Paragraph 3.18 shall not extend to the liability of the Engineer, the Engineer's consultants and agents and employees of any of them arising out of: (1)the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of, or the failure to give, directions or instructions by the Engineer, the Engineer's consultants and agents and employees of any of them, provided such giving, or failure to give, is the primary cause of the injury or damage. The indemnity for the Engineer, the Engineer's Consultants, agents and employees does not extend to any indemnity prohibited by Section 130.003 of the Texas Civil Practice and Remedies Code. 3.19 ADDITIONAL REQUIREMENTS 3.19.1 Contractor shall submit to Engineer, in writing, all substitutions proposed PRIOR TO the bid opening date. Contractor shall furnish sufficient data for evaluation. To be acceptable for project use, substitutions must be approved in writing by Engineer or by appropriate addendum. 3.19.2 Contractor shall follow manufacturer instructions. Where such instructions are in conflict with the Contract Documents, Contractor shall notify Engineer for clarification before proceeding. A copy of the manufacturer's instructions shall be kept at job site and made available to Engineer. 3.19.3 Contractor shall stop the Work affected when notified of a proposed change and when unsatisfactory results are anticipated. Contractor shall proceed only after receiving additional instructions from Engineer. 3.19.4 Contractor shall establish and maintain bench marks, and all other grades, lines, and levels necessary for the Work, report errors and inconsistencies to Engineer, in writing, before commencing work affected. Contractor shall be responsible for placement of Project Work and shall make all corrections necessary to achieve an accurate layout of Project Work. 3.19.5 Contractor shall provide acceptable access facilities to the Work for the Owner, Agreement for Construction—Macey Road Reconstruction RFP COP 23-607 Page 22 Engineer, and all local, State and Federal authorities having jurisdiction. All access facilities shall be made safe and reasonably convenient. 3.19.6 Contractor shall prepare quotations, for proposed changes in the Work. Quotations shall be in a "break—down" form giving the number of units, unit cost of materials, tool costs, taxes, overhead, profit, etc. Quotations shall reflect credits as well as extras. 3.19.7 Contractor shall furnish written warranties using the form directed by Owner or Engineer. 3.19.8 Contractor shall secure required inspection certificates and transmit them to Engineer and Owner. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.0 SCHEDULE OF WORK(at a maximum, in calendar days) Day 0: Contractors receipt of Notice to Proceed Submittals, as needed, to be provided within a reasonable time. Day 170: Contractor attains Substantial Completion Day 200: Contractor attains Final Completion 4.1 ENGINEER 4.1.1 The Engineer is the person lawfully licensed to practice Engineering, or an entity lawfully practicing Engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term"Engineer"means the Engineer or the Engineer's authorized representative or such representative as the Engineer may designate, who may be employed by the Engineer as a consultant. 4.1.1.1 Each of these terms; "Engineer," "Engineer," "Engineer/Engineer," "A/E," or "Engineer/Engineer" shall mean Engineer, or an affiliate as otherwise provided in the Contract Documents, or duly authorized representatives, such representatives acting severally within scope of particular duties entrusted to them, unless otherwise provided in Contract Documents. 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer. Consent shall not, be unreasonably withheld. i 4.1.3 In case of termination of employment of the Engineer, the Owner shall appoint a new Engineer whose status under the Contract Documents shall be that of the former Engineer. 4.2 ENGINEER'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Engineer, acting in consultation with Owner's representative, will provide administration of the Contract as described in the Contract Documents: (1) during construction; (2) until final payment is due, and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The Engineer will Agreement for Construction—Macey Road Reconstruction RFP CII'23-607 Page 23 advise and consult with the Owner. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract; however, such authority shall not be considered or construed as creating a fiduciary relationship between the Engineer and Owner. 4.2.2 The Engineer, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by Owner and Engineer, and as Engineer deems necessary: (1) to become generally familiar with and to keep the Owner informed about the progress and aesthetic quality of the portion of the Work completed; (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work observed is being - performed in a manner indicating that the Work, when completed, will be in general accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site evaluations or inspections to check the quality or quantity of the Work. The Engineer will neither have control over or charge of, nor be responsible for,the construction means, methods,techniques,sequences or procedures, or for the safety or health precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.2.1 Contractor shall reimburse Owner for compensation paid to Engineer for additional site visits made necessary by fault, neglect or request of Contractor. 4.2.3 The Engineer will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents or failure to complete Work on schedule.The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate through the Engineer. Communications by and with the consultants shall be through the Engineer, unless otherwise approved by the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Engineer's presence at the Project Site shall not imply concurrence or approval of the work. Contractor shall call specific items to the Engineer's attention in writing if he wishes to obtain Engineer's opinion. 4.2.5 Based on the Engineer's observations and evaluations of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Engineer has authority to reject Work which does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable for Agreement for Construction—Macey Road Reconstruction RFP ClP 23-607 Page 24 • ' s implementation of the intent of the Contract Documents, the Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, materials and equipment suppliers,their agents or employees, or other persons performing portions of the Work. All costs made necessary by such failure, including those of repeated procedures shall be at Contractor's sole expense, including compensation for Engineer's services and expenses. 4.2.7 The•Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Engineer is limited to only those submittals required by the Contract Documents. The Engineer's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Engineer's professional judgment to permit adequate review by the Engineer, Engineer's consultants and Owner, if needed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Engineer's review shall not constitute approval of safety or health precautions or, unless otherwise specifically stated by Engineer, of any construction means, methods, techniques, sequences or procedures. The Engineer's review or approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Engineer will prepare 'Change Orders and Construction Change Directives, or other change documents for changes in the Work for the Owner's approval and execution, and the Engineer may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Engineer and Owner will conduct inspections to determine the date or dates of Substantial Completiop and the date of final completion. The Engineer may receive and forward to the Owner for the Owner's review and records written warranties and related documents as required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based upon final inspection indicating the Work complies with the requirements of the Contract Documents. 4.2.10 If the Owner and Engineer agree, Engineer will provide one or more project representatives to assist in carrying out the Engineer's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Agreement for Construction—Macey Road Reconstruction RPP ClP 23-607 Page 25 Contractor. The Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Engineer shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Engineer to furnish such interpretations until twenty (21) days after written request is received. 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. 4.2.13 The Owner's and Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money and extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of, or relating to, the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.1.1 Claims must contain following: .1 Date of the event giving rise to such Claim and, if applicable, date when the event ceased; .2 Nature of occurrence or condition giving rise to the Claim; .3 identification of contractual provisions affected and a detailed explanation of how the Claim is contrary to those provisions; .4 An estimate of effect upon the Contract Sum, including an itemized breakdown of additional cost, if any; .5 An estimate of the effect upon the Project Schedule, including a comparison of Project Construction Schedule and schedules prepared in connection with the Claim. If required by Owner or Engineer, this shall include showing in CPM format, both critical and non-critical path activities affected and showing Project Construction Schedule and Claim sequences, durations and float substantiating delay claimed. i(( 4.3.2 Decision of Engineer. Claims, including those alleging an error or omission by the Engineer, .shall be referred initially to the Engineer for action as provided in Paragraph 4.4. A decision by the Engineer and Owner, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of: (1) whether such matters relate to execution and progress of the Work, or(2)the extent to which the Work has been completed. 4.3.3 Time Limits on Claims initiated prior to Final Payment. Claims by either party must be initiated and submitted within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be Agreement for Constriction—Macey Road Reconstruction RPP CIP 23-607 Page 26 ' E . i { initiated and submitted by written notice to the Engineer and the other party. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing or as provided in Sub-paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or(2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed. The Engineer will promptly investigate and evaluate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made and submitted within twenty-one (21) days after the Engineer has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. If the Contractor believes additional cost is involved for reasons including but not limited to: (1) a written • interpretation from the Engineer; (2) an order by the Owner to stop the Work where the Contractor was not at fault; (3) a written order for a minor change in the Work issued by the Engineer; (4) failure of payment by the Owner; (5) termination of the Contract by the Owner; (6) Owner's suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, Agreement for Construction—Macey Road Reconstruction RPP CIP 23-d07 Page 27 written notice as provided herein shall be given. The Contractor's Claim shall demonstrate that the task is on the critical path and identify the new completion date. In the case of a continuing delay, only one Claim is necessary. 4.3.8.1.1 The Contractor's request for an increase in the time shall be submitted with pay applications. The delay impacting the critical path shall be addressed no later than the pay application for the month following the month in which the time was lost. 4.3.8.1.2 Only delay impacting the critical path of the Work shall be considered when determining if Contractor is entitled to additional time. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated,that weather conditions had an adverse effect on the scheduled construction and that the activities delayed by weather were on the critical path. 4.3.8.2.1 Acceptable data for substantiating a claim for additional time will be local official records. Furthermore, the effect of such abnormal weather must be demonstrated. 4.3.8.3 Claims for increase in Contract Time shall set forth in detail the circumstances that form the basis of the Claim, date upon which each cause of delay began to affect progress of Work, date upon which each cause of delay ceased to affect progress of Work and the number of days' increase in Contract Time claimed as a consequence of each such cause of delay. Contractor shall provide such supporting documentation as Owner or Engineer may require including, where appropriate, a revised construction schedule indicating all activities affected by circumstances forming the basis of the Claim. 4.3.8.4 Contractor shall not be entitled to a separate increase in Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on progress of Work or for concurrent delays due to fault of Contractor. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable,.written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate and evaluate the matter. 4.3.10 if unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive, so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.11 Owner reserves the right to audit the Contractor's costs and bid documents if Contractor files a claim against Owner. Agreement for Constniclion—Macey Road ReconstructionPaa 28 RFP CIP 23-607 Page 1 4.3.12 Contractor, not owner, shall handle any disputes which may arise between subcontractor and owner. 4.3.13 Owner will only be required to pay for materials actually received and/or services actually provided. Owner shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and or any attachments. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Engineer: Claims, including those alleging an error or omission by the Engineer but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Engineer for decision. An initial decision by the Engineer shall be required as a condition precedent to mediation, arbitration(if allowed)or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty(30) days have passed after the Claim has been referred to the Engineer with no decision having been rendered by the Engineer. The Engineer will not decide disputes between the Contractor and persons or entities other than the Owner. �. 4.4.2 The Engineer will review Claims and within twenty-one (21) days of the receipt of the Claim take one or more of the following preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2) reject the Claim in whole or in part; (3) recommend approval of the Claim by the other party; (4) suggest a compromise, or (5) advise the parties that the Engineer is unable to resolve the Claim, if the Engineer lacks sufficient information to evaluate the merits of the Claim or if the Engineer concludes that, in the Engineer's sole discretion, it would be inappropriate for the Engineer to resolve the Claim. 4.4.3 In evaluating Claims, the Engineer may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Engineer in rendering a decision. The Engineer may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Engineer requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request and shall either, provide a response on the requested supporting data, advise the Engineer when the response or supporting data will be furnished, or advise the Engineer that no supporting data will be furnished. Within twenty-one (21) days of receipt of the response or supporting data, if any,the Engineer will either reject or approve the Claim in whole or in part. 4.4.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven (7) days. Upon expiration of such time period,the Engineer will render to the parties the Engineer's written decision relative to the Claim. If any change in the Contract Sum or Contract Time or both is included as part of the Engineer's decision, Engineer will be required to submit his decision to the Brazos County Commissioners Court for final approval. If there Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 29 • I is a surety and there appears to be a possibility of a Contractor's default, the Engineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor . or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub—subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub— subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub subcontractor or an authorized representative of the Sub— subcontractor. 5.1.3 Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub-subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 30 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 5.3 SUBCONTRACTUAL RELATIONS. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub—subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub—subcontractors. 5.3.2 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractoris for their own employees. 5.3.3 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub-subcontractor, or other levels of contractors and subcontractors, and Owner or Engineer, except for provisions in paragraph 5.4. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 Assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and .2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such Assignment, if the Work has been suspended for more than thirty(30) days, the Subcontractor's compensation shall be equitably adjusted. Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 31 5.4.3 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction of operations on the site under Conditions of the Contract identical, or substantially similar, to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction of operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner—Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract,including,without excluding others, those stated in Article 3, this Article 6 and Articles, 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner's or separate Contractors' completed, or partially completed construction, is fit and proper to receive the Contractor's Work, Agreement for Constriction—Macey Road Reconstruction RFP CIP 23.607 Page 32 except as to defects not then reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, and damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the.Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up after reasonable written notice and the cost will be paid by those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in.this Article 7 and elsewhere in the Contract Documents. • 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the Contractor and an order for a minor change in the Work may be issued by the Engineer alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents, or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Contractor and Engineer, stating their agreement upon all of the following: .1 a change in the Work; Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 33 } .2 the amount of the adjustment in the Contract Sum, if any, and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner and Engineer directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating date to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, including cost of 34 a Agreement for Construction—Macey Reconstruction RFP CIP 23-607 Page transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; .5 additional costs of supervision and field office personnel directly attributable to the change; and .6 the maximum allowance for overhead and profit combined included in the • total cost to Owner shall be based on the following schedule: A. for Contractor, for any work performed by his own forces, 15% of the cost; B. for each subcontractor involved,work performed by his own forces, 10% of the cost; C. for Contractor, for work performed by his subcontractor, 5% of the amount due the subcontractor. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. If the net value of a change results in a credit from Contractor or subcontractor, the credit given shall be the net cost, overhead and profit. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Engineer will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINORCHANGES IN THE WORK 7.4.1 To the extent allowed by law, the Engineer has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. Agreement For Construction--Macey Road Reconstruction RFP CIP 23-607 Page 35 • • ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contractor shall achieve substantial completion of the Work not later than one hundred and seventy(170) calendar days from the date of commencement, subject to adjustments of the time for completion as provided in this Agreement. 8.1.2 The date of commencement of the Work shall be effective upon the final approval of the Agreement, receipt of performance and payment bonds and receipt by the Contractor of the written notice to proceed from either the Owner or the Engineer. 8.1.3 The date of Substantial completion is the date certified by the Engineer in accordance with Paragraph 9.8. 8.1.4 The term "day"as used in the contract documents shall mean calendar day. 8.1.5 The term "critical path" as used in the Contract Documents shall mean the project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. 8.1.6 The term "free slack time" as used in the Contract Documents shall mean the �. amount of time a task can be delayed without delaying another task. 8.1.7 The term "total slack time" as used in the Contract Documents shall mean the amount of time a task can be delayed without delaying the finish date of the project. 8.2 PROGRESS AND COMPLETION 8.2.1 The Contractor agrees and understands the "TIME IS OF THE ESSENCE" for anytime time periods referenced in this Contract. The Contract further agrees to the referenced times as being reasonable for performing the work." 8.2.2 The Contractor shall not, except by agreement r instruction of the Owner in writing, prematurely commence operations on the site or elsewhere or store materials or equipment on site prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents and a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4 Contractor and their Subcontractors shall complete and coordinate Work in accordance with established schedule. 8.2.5 Contractor is responsible for expediting Work, identifying potential conflicts and 36 Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page . i coordination problems, and proposing measures to avoid such problems 8.2.6 Whenever it becomes apparent that any activity completion date may not be met, unless delay is related to an approved extension of time, Contractor shall take some or all of following actions and submit supplementary schedule indicating effect of action on progress and completion of Work, all without additional costs to Owner; .1 increase number of working hours per shift, shifts per working days, working days per week, .or amount of construction equipment, or any combination of foregoing which will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .2 increase construction manpower in such quantity as will substantially eliminate backlog of Work, and put Project back on schedule, and/or, .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and put Project back on schedule. 8.2.7 If Contractor fails to take any of actions indicated in subparagraph 8.2.6 within three (3) days after receiving written notice, Owner may take action to attempt to put Project back on schedule, and deduct cost of such actions from money due or to become due Contractor, or shall be grounds for determination by Owner that Contractor is not • prosecuting Work with such diligence as will insure completion within Contract Time. Upon such determination, Owner may terminate Contractor's right to proceed with Work, or any separable part thereof, in accordance with provisions of Article 14. 8.2.8 Contractor shall bear cost of any services of Engineer made necessary by delays in completion of Work due to actions or inactions of Contractor or any Subcontractors. Contractor shall promptly pay any such cost upon demand by Owner. At Owner's option, these costs may be deducted from any amounts otherwise due Contractor. 8.3 DELAYS AND EXTENSION OF TIME 8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, adverse conditions as provided for in 4.3.8.2, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and Owner may determine. .1 If at least seven (7) hours of work time are available out of the working day, no extensions of time will be allowed; .2 No extension of time will be allowed for Saturdays, Sundays, or holidays unless the Contract requires and stipulates overtime work and it has been approved in writing by Owner; and .3 Time extensions will not be allowed for drying of materials when it is possible for the Contractor to enclose area and: materials or use an acceptable drying process. 8.3.2 There will be no delay claims by Contractor if the Contractor finishes the Project early, even if owner delays the work. Agreement for Construction—Macey Road Reconstruction RFP COP 23-607 Page 37 8.3.3 Claims relating to time shall be made in accordance with applicable provision of Paragraph 4.3. 8.3.4 If Contract Time is extended pursuant to paragraph 8.3, such extension shall be the exclusive remedy of Contractor and said Contractor shall not be entitled to recover damages from Owner or Engineer. 8.3.4 Owner's exercise of any of its rights under "ARTICLE 7 - CHANGES IN THE WORK," regardless of the extent of number of such changes, or requirement of correction or re-execution of defective work, or extent of number of Engineer's interpretations or clarifications of the Contract Documents, shall not, under any circumstances, be construed as neglect or intentional interference with Contractor's performance of the Work. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM •l 9.1.1 The Contract Sum is FIVE MILLION, FOUR HUNDRED AND SEVENTY THOUSAND, EIGHT HUNDRED AND NINETY TWO DOLLOARS AND NINETY FIVE CENTS ($5,470,892.95) and, subject to authorized adjustments as provided in this Agreement, is the total amount payable by the Owner to the Contractor for performance of the Work. 9.2 SCHEDULE OF VALUES 9.2.1 Unless otherwise provided in the Contract documents, before the first application for Payment, the Contractor shall submit to the Engineer a schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.2.2 The Engineer will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Unless otherwise provided in the Contract Documents; at least twenty (20) days before the date established for each progress payment, the Contractor shall submit to the Engineer an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the contractor's right to payment including the most current Contractors Construction Schedule and/or copies of requisitions from Subcontractors and material providers as the Owner or Engineer may require, and reflecting retainage if provided for elsewhere in the Contract documents. 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 38 73 { 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include applicable insurance, storage and transportation to the site,for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.4 The Contractor shall submit his Application for Payment, amounting to 95%of the cost of the work performed and 95% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Engineer will, within seven (7) days after receipt of the Contractor's Application for Payment and the Engineer's site visit, either, issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due or notify the Contractor and Owner in writing of the Engineer's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the observed aesthetic quality of the Work is in accordance with the Contract Documents. The Engineer's Certificate for Payment shall be based, in part, on the recommendation of the Contractor. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion,to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has: (1) made exhaustive or continuous on—site evaluations and/or inspections to check the quality or quantity of the Work; (2) reviewed construction means,methods,techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the contractor has used money previously paid on account of the Contract Sum. Agreement for Construction—Macey Road Reconstruction RFP ClP 23-607 Page 39 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Engineer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner if, in the Engineer's opinion, the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the.Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 persistent failure to carry out the Work in accordance with the Contract Documents; .8 failure to comply with the approved Project Construction Schedule; .9 erroneous estimates by the Contractor or a Sub-contractor of values of Work performed, or .10 the existence of any event of default under the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Engineer has Issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 Owner will make partial payments to.Contractor within thirty (30) days after receipt of Certificate for Payment from Engineer. 9.6.1.2 Owner may withhold payment to Contractor notwithstanding Engineer's certification, if it is necessary, in Owner's opinion,to do so to protect Owner from loss due to any of the reasons set forth in Subparagraphs 9.5.1.1 through 9.5.1.10, inclusive. 9.6.2 The Contractor shall pay each Sub-contractor any due amounts in accordance. with Texas Law. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub—subcontractors in similar manner. Agrcciuent for Construction—Macey Road Reconstruction RFP CIF 23-607 Page 40 ( 9.6.3 The Engineer will, on request, furnish to a Sub-contractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer on account of portions of the Work done by such Sub-contractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. .9.6.5 Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in : accordance with the contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1. If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the contractor within seven (7)days after the date established in the Contact Documents the amount certified by the Engineer, then the Contractor may, upon seven(7)additional days'written notice to the Owner or Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut—down, delay and start—up, as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Unless otherwise provided in the Contract Documents, when the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall thoroughly inspect the Work and prepare and submit to the Engineer a comprehensive list of items to be completed or corrected, Contractor's Notice of Substantial Completion, and a written request for Engineer's review of the Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion by Brazos County, Contractor has thirty (30) days to reach Final Completion of the Work. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor's Notice of Substantial Completion and the Contractor's list, the Engineer and Agreement for Construction—Macey Road Reconstruction RFP CIP 23•607 Page 41 Owner will make inspections to determine whether. the Work or designated portion thereof is substantially complete. If the Engineer's and Owner's inspections disclose any item,whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case,the Contractor shall then submit another Contractor's Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the i requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy, or use, any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy, or use, may commence whether or not the portion is substantially complete provided that the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, or the Owner notifies the Contractor of intent to occupy or use a portion of the Work prior to substantial completion,the Contractor shall prepare and submit a list to th,e Engineer as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner, Contractor and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 42 of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT I 9.10.1 Unless otherwise provided in the Contract Documents; the Contractor shall inspect the Work to determine that it is sufficiently complete in accordance with the Contract Documents and the Contract is fully performed. Upon receipt of Contractors Notice of Final Completion written notice certifying that the Work is sufficiently complete in accordance with the Contract Documents, that the Contract is fully performed,that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer and Owner will in a reasonable time, make such inspection and when the Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract sufficiently performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief, and on the basis of the Engineer's and Owner's on-site visits and - inspections, the Work has been sufficiently completed in accordance with terms and conditions of the Contract Documents. The Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. However, 95% of the contract amount will be due and payable to Contractor as noted in said final Certificate, with the remaining 5% retainage due and payable to the Contractor within thirty(30) days after acceptance of the Work by the Owner. 9.10.2 Unless otherwise provided in the Contract Documents, neither final payment nor any remaining retained percentage shall become due until the Contractors submits to the Engineer: (1) an affidavit that payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Document to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30)days' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, for Owner's review and approval. If a Subcontractor refuses to furnish a release - or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 9.10.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 43 • stipulated in the Contract Documents and if bonds have been furnished the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall by submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.3.1 Final payment constituting entire unpaid balance of Contract Amount will be paid by Owner to Contractor within thirty (30)days after final Certificate for Payment has been issued by Engineer. 9.10.4The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents, or .4 non-conforming, faulty or defective Work appearing at or after final • payment. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final. Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY AND HEALTH PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety and health precautions and programs in connection with the performance of the Contract. This requirement applies continuously and is not limited to normal Working hours. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall at all times conduct all operations under this Agreement in a manner to avoid the risk of bodily injury or risk of damage to the following: .1 employees on the.Work and other persons who may be affected thereby, to include but not limited to the Owner and Engineer and their consultants and employees; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub—subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, standards, rules, regulations, policies and lawful orders of public authorities(including reference standards issued under the Occupation Safety Act Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 44 1 and the Occupancy Safety and Health Administration) bearing on safety and health of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, such as driving, or removal of piles, wrecking, demolition, excavation or other similar potentially dangerous work is necessary, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give Owner reasonable advance notice. Contractor is fully responsible for any and all damages, claims, and for the defense of all actions against Owner and Engineer,and their consultants and employees resulting from the prosecution of such work. 10.2.4.1 Use or storage of explosives is prohibited. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Paragraphs 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub—subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible, properly trained and qualified member or members of the Contractor's organization at the site whose duties shall be the prevention of accidents, damage to property and to supervise and train personnel in the use of dangerous and hazardous equipment, materials and substances necessary for the execution of the Work. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site, including new construction or existing facilities to be loaded with weights that will exceed design loads or so as to endanger safety of persons or property or cause damage or create an unsafe condition. 10.2.8 Contractor shall give notice in writing at least forty-eight (48) hours or longer if required by affected parties before breaking ground, to all persons having interests on or near site, Public Utility Companies, owners of property having structures or improvements in proximity to site of the Work, agencies, authorities, inspectors, or those otherwise in charge of property, streets,water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise who may be affected by Contractor's operation, in order that they may remove any obstruction for which they are responsible Agreement for Construction—Macey Road Reconstruction RFP C!P 23-607 Page 45 and have representative on site to see that their property is properly protected. Such notice does not relieve Contractor of responsibility for any damages, claims,and defense of all actions against Owner and Engineer resulting from performance of such Work in connection with or arising out of Contract. 10.2.9 All parts of Work shall be braced to resist wind or other loads. Contractor shall perform Work with the explicit understanding that the design of the Project is based on all parts of Work having been completed and as such, the methods of performance of each part of Work shall be done accordingly. 10.2.10 Temporary items such as, but not limited to: scaffolding,staging, lifting and hoisting devices, shoring, excavation, barricades, and safety and construction procedures necessary in completion of Project shall be the responsibility of the Contractor and its Subcontractors and shall comply with all applicable codes and regulations. It shall not be responsibility of Owner, Engineer or their representatives to determine if Contractor, Subcontractors or their representatives are in compliance with the aforementioned regulations. 10.2.11 The Contractor shall comply with all Federal Occupational Safety and Health Administration Hazard Communications Act (HAZCOM) requirements, including properly maintaining Materials Safety Data Sheets (MSDS) at the Project site. The Contractor shall ensure that all MSDS are compiled in a single location at the Project site, and are available to the regulating agencies. The Contractor shall indemnify and hold harmless the Owner and Engineer for their respective failure to comply with this provision. 10.2.12 The Contractor shall be responsible for any fines, penalties or charges by any regulatory body by reason of any violation of safety or health regulations. Contractor shall also be responsible for reimbursement of any OSHA fines incurred by the Engineer for Project site safety conditions created or controlled by the Contractor that result in the Engineer receiving a citation under the OSHA multi-employer citation provision. 10.2.13 The Contractor shall notify Owner's and Engineer's personnel upon arrival to the Project site of any known safety or health hazards at the Project and the precautions they should take. 10.2.14 The Contractor shall provide safety and health equipment (excluding boots) for the Owner and Engineer to protect them from safety and health risks during the performance of their services during the construction of the Project. 10.2.15 The Engineer's review of Contractor's performance does not include review of adequacy of Contractor's safety or health measures. . I 10.3 HAZARDOUS MATERIALS OR SUBSTANCES 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to, Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 46 3 asbestos or polychlorinated biphenyl (PCB) encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, in writing,with a copy to the Engineer. 10.3.1.1 The term"hazardous materials or substance" also includes, but is not limited to, asbestos, asbestos products, polychlorinated biphenyl (PCB), radon gas, industrial waste, acids, lead, alkaline, irritants, contaminants or other pollutants, excluding mild chemicals used in the cleaning of finished building materials. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages,losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself)except to the extent that such damage, loss or expense is to the fault or negligence of the party seeking indemnity. 10.3.4The Engineer and Engineer's consultants and employees shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons, to hazardous materials or toxic substances in any form at the Project site. 10.3.5 The Owner and Engineer shall not be responsible under Paragraph 10.3 for hazardous materials and substances brought to the Project site by the Contractor unless such materials or substances were required by the Contract Documents and the Contractor so notified the Owner and Engineer. The Contractor shall notify the Owner and Engineer prior to bringing any hazardous material or substance onto the Project site. 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner Agrccmcnt for Construction—Macey Road Reconstruction RFP CIP 23.607 Page 47 • shall indemnify the Contractor for all cost and expense thereby incurred. 10.4 EMERGENCIES 10.4.1 In an emergency affecting safety or health of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or foss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3. and Article 7. 10.4.2 The Contractor shall promptly report in writing to Owner and Engineer all accidents arising out of, or in connection with, the performance of the Work, whether on or off the site, which caused death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to Owner and Engineer. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Texas such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract and for which the Contractor may by legally liable, whether such operations be by Contractor or by a Subcontractor or by anyone directly, or indirectly,employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness, disease or death of any person other than the Contractor's employees or persons or entities excluded by statute from requirements of Subparagraph 11.1.1.1, but required by Contract Documents to provide insurance required by that Subparagraph; .4 claims for damages insured by usual personal injury liability coverage which are sustained by: (1) by a'person as a result of an offense directly or indirectly related to employment of such person by the Contractor; or (2) by another person; • .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle;' .7 claims for bodily injury or property damage arising out of completed operations; .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including: Agreement for Construction—Macey Road Reconstruction RFP CLP 23-607 Page 48 (1) Premises Operations (including X, C and U coverages as applicable). (2) Independent Contractors' Protective. (3) Products and Completed Operations. (4) Personal Injury Liability with Employment Exclusion deleted. (5) Contractual, including specified provision for Contractor's obligations under Paragraph 3.18. (6) Owned, non-owned and hired motor vehicles. (7) Broad Form Property Damage including Completed Operations. .10 If General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than the limits of liability specified in the Bid documents or as required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Workers' Compensation: (a) State: Texas Statutory (b) Applicable Federal (e.g., Longshoremen harbor work, Work at or outside U.S. Boundaries): Statutory: Not Applicable (c) Maritime: Not Applicable (d) Employer's Liability:$ 500,000 each accident $ 500,000 disease, policy limit $ 500,000 disease, each employee (e) Benefits required by union labor contracts: As Applicable (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Comprehensive or Commercial General Liability (including Premises-- Operations; Independent Contractors' Protective: Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate • (b) Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate (c) Products and Completed Operations Insurance to be maintained for a minimum period of five (5) year(s) after final payment: (d) Property Damage Liability Insurance shall include coverage for the following hazards: 1) X (Explosion). • Agreement for Construction—Macey Road Reconstruction RFP UP 23-607 Page 49 r 2) C (Collapse). 3) U (Underground). (e) Broad Form Property Coverage shall include Completed Operations. (f) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 3. Contractual Liability: (a) Bodily Injury: $ 1,000,000 each occurrence (b) Property Damage: $ 1,000,000 each occurrence $ 2,000,000 aggregate 4. Personal Injury with Employment Exclusion deleted: $ 1,000,000 aggregate 5. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $ 2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $ 100,000 on any one Fire. (c) Medical Expense Limit shall be not less than $ 10,000 on any one person. (d) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 6. Umbrella Excess Liability: $ 2,000,000 over primary insurance $ 10,000 retention for self-insured hazards each occurrence 7. Business Auto Liability (including owned, non-owned and hired vehicles): (a) Bodily Injury: $ 500,000 each person $ 1,000,000 each accident (b) Property Damage: $ 500,000 each occurrence (c) "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Note: The State of Texas has a no-fault automobile insurance requirement. Contractor shall be certain coverage is provided which conforms to any specific stipulation in the law. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverage afforded under. the policies will not be canceled, or allowed to expire, until at least thirty (30) days prior written notice has been given to the Owner. If any of the foregoing insurance coverage. are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Not later than ten (10) days from award of bid, Contractor shall deliver to the Owner, copies of the Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 50 -! insurance certificate in accordance with the above requirements naming Owner as additional insured. 11.2 OWNER'S LIABILITY INSURANCE: 11.2.1 The Owner reserves the right to be self-insured for any and all insurance of any kind, type, or nature required by the Contract Documents. 11.2.1.1 Contractor shall purchase and maintain insurance covering Owner's contingent liability for claims which may arise from operations under the Contract. .1 Bodily injury: $ 1,000,000 each occurrence $ 1,000,000 aggregate .2 Property Damage: $ 1,000,000 each occurrence $ 1,000,000 aggregate 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property .. insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus Engineer fees, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner,the Contractor, Subcontractors and Sub- subcontractors in the Project. The form of policy for this coverage shall be (Completed Value) (Reporting), in the names of the Owner, Contractor, Subcontractors and Sub- subcontractors as their interests may appear in amount equal to contract sum for the Work. If Owner is damaged by failure of Contractor to maintain such insurance, then Contractor shall bear all reasonable costs properly attributable thereto. .. 11.3.1.1 Property insurance shall be on an "all-risk" or.equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including,without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for Engineer's and Contractor's services and expenses required as a result of such insured loss. 11.3.2 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 11.3.3 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance Agreement for Construction—Macey Rond Reconstruction RIP CIP 23-607 Page 51 policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 Not later than ten (10)days from and after the date on which the award of the bid is made by the Owner, Contractor shall execute, as Principal, bonds joined in by a Surety Company of the Contractor's choice, generally referred to as a "Performance Bond"and a" Payment Bond,"each in a penal sum equal to 100%of the Contract Sum. The Bonds shall be on the form provided by Owner and shall be compatible with provisions of governing authorities. Contractor shall file bonds with the Owner. 11.4.2 Surety Company executing bonds shall be acceptable to Owner and shall be authorized to do business in the State of Texas. 11.4.3 Surety Company shall list the address and phone number of the home office of its' principal place of business. Surety shall also provide the name, address and phone number of the local Agent issuing the bonds. 11.4.4 Contractor shall require attorney-in-fact who executes required bonds on behalf of surety to affix thereto a certified and current copy of power of attorney. 11.4.5 Contractor shall deliver required bonds to Owner not later than three (3) days following the date the Agreement is entered into, or if Work is to be commenced prior thereto in response to a letter of intent, Contractor shall, prior to commencement of Work, submit evidence satisfactory to Owner that such bonds will be furnished. 11.4.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 11.4.7Contractor shall keep surety informed of progress of Work and where necessary, obtain surety's consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other information required by surety. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Engineer's, Owner's or governing authority's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the Engineer's, Owner's or governing authority's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Engineer, Owner or governing authority has not specifically requested to examine prior to its being covered, the Engineer, Owner or governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work. is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, Agreement for Construction—Macey Road Reconstruction RR'CIP 23-607 Page 52 be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cost and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION " 12.2.1.1 The Contractor shall promptly correct Work rejected by the Engineer, Owner or governing authority or failing to conform to the requirements of the Contract Documents, whether observed before, or after, Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligation under Paragraph 3.5, if, within one (1) year after the date of Substantial Completion of the Work, or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Document, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one (1)year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. 12.2.2.3 The one(1)year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.2.4 Upon request of Owner and prior to expiration of one (1) year from date of Substantial Completion, Engineer may conduct, and Contractor shall attend, a meeting with Owner to review facility operations and performance. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed, or damaged, construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 53 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one(1) year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not limited to fees and charges of Engineers, engineers, testing agencies, consultants, attorneys and other professionals). Such adjustment shall be effected whether or not final payment has been made. If any such acceptance occurs prior to final payment, Owner shall be entitled to an appropriate decrease in the Contract Sum. If the acceptance occurs after final payment, an appropriate amount will be paid by the Contractor to the Owner. ARTICLE 13 �. MISCELLANEOUS PROVISIONS • 13.1 GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas and venue shall be at all times Brazos County,Texas. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements Of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to•make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor,assign the Contract to lender providing construction financing for the Project. If the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.2.3 Contractor shall not assign any monies due or to become due hereunder without Agreement for Construction—Macey Itoad Reconstruction RFP CIP 23-607 Page 54 written consent of Owner and of Contractor's Surety. The Contractor shall file a copy of such consent of Surety, together with copy of assignment with Owner and Engineer. In case Contractor assigns all or any part of any monies due or to become due under this Contract, instrument of assignment must contain a clause substantially to effect that it is agreed that right of assignees in and to any monies due or to become due to Contractor shall be subject to prior liens and claims of all persons, firms and corporations for services rendered; for payment of all laborers and mechanics for labor performed; for payment for all materials and equipment furnished and payment for all materials and equipment used or rented in performance of the Work called for in Contract; and for payment of any liens, claims, or amounts due to governments or any of their funds. 13.3 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a ;. waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided,the County shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the testing agency, Project inspector (if any), public authorities and (if requested), Engineer timely notice of when and where tests and inspections are to be made so that they may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Engineer, Owner, Project inspector (if any), or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Project inspector (if any), or Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the testing agency, project inspector (if any), governing agency, and (if requested), Engineer of when and where tests and inspections are to be made so they may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If procedures for testing, inspection or approval under Subparagraphs 13.5.1 and Agreement for Construction—Macey Road Reconstruction RFP CIF 23-607 Page 55 1 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, laws, statutes, ordinances, codes, rules or regulations, all costs made necessary by such failure including those of repeated procedures and compensation for the Engineer's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer and Project inspector(if any). 13.5.5 If the Engineer,Owner or Project inspector(if any), is to observe tests,inspections or approvals required by the Contract Documents, they will do so promptly and where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the legal rate prevailing for public entities under the laws of the State of Texas. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: j .1 Before Substantial Completion. Before Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to acts occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring '> after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct he Work by the Contractor under paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8 EQUAL OPPORTUNITY 13.8.1 Contractor shall maintain policies of employment as follows: .1 Contractor and Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Contractor shall take affirmative action to ensure Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 56 1 that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of nondiscrimination. .2 Contractor and Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. 13.9 NON-DISCRIMINATION 13.9.1 In performance of Work, Contractor and Subcontractors agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap,sex, physical condition, developmental disability,sexual orientation or national origin. This provision shall include, but not be limited to the following; employment, upgrading,demotion, promotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) days through no act or fault of the Contractor or a Subcontractor, Sub— subcontractor or their agents or employees or any other persons performing portions of the Work under the Contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government,such as a declaration of national emergency, making material unavailable; .3 because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, Agreement for Construction—Macey Road Reconstruction RPP CIP 23-607 Page 57 equipment, tools and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of sixty (60)days through no act or fault of the Contractor or a Subcontractor or their agents, employees or any other persons performing portions of the Work under the Contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make prompt payment to Subcontractors for materials or labor in accordance with the respective agreement between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety seven (7) days written notice,terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 if the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost Agreement for Construction—Macey Road Reconstruction RPP CIP 23-607 Page 58 and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is,was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 ACCESS TO THE WORK 15.1 Engineer, the Owner, and their authorized representatives, shall have access at all times to the work for inspection wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. ARTICLE 16 STANDARDS 16.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.2 The Standards referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. These Standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained. 16.3 It is not the intent of the Specifications to limit materials to the product of any Agreement for Construction—Macey Road Reconstruction RP?C[P 23.607 Page 59 particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity and other characteristics. It is not the intention to discriminate against, or prevent, any dealer, jobber or manufacturer from furnishing materials, equipment and fixtures which, in the judgment of the Engineer, expressed in writing, meet or exceed the characteristics of the specified items. ARTICLE 17 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 17.1 No officer or employee of Brazos County, Texas, shall have a financial interest, direct or indirect, in this Agreement or shall be financially interested, directly or indirectly, `s in the sale of any materials, supplies or services, except on behalf of the County as an officer or employee. Any willful violation of this Article shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Article with the knowledge, express or implied, of the Contractor or Subcontractors shall render this Agreement voidable by Brazos County. ARTICLE 18 • PREVAILING WAGE RATES 18.1 PREVAILING WAGE RATE DETERMINATION 18.1.1 Chapter 2258,Texas Government Code,Title 10, requires state agencies,cities, counties, independent school districts and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract, Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 60 ARTICLE 19 AUTHORITY TO CONTRACT The County Judge is authorized to execute this Agreement upon the Commissioners Court's approval of the Agreement as set forth in the minutes of the Court's 0eroaet2_ i O , 2023, meeting. This Agreement is entered into in as of the day and year first written above and is executed in at least three (3) original copies of which one (1) is to be delivered to the Contractor, one (1) to the Engineer for use in the administration of the Contract, and the remainder to the Owner.' OWNER: BRAZOS COUNTY, TEXAS 1 tot a.3 Date: � 0 Brazos County Judge 330 South Texas Ave., Suite 332 Brazos, Texas 77803 CONTRACTOR: KNIFE RIVER CORP. -SOUTH Date: l o - Z?� [VENDOR] I� L Agreement for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 61 • ATTACHMENT "A" MACEY ROAD RECONSTRUCTION REQUEST FOR PROPOSAL CIP 23-607 • • { { { Agreemcnt for Construction—Macey Road Reconstruction RFP CIP 23-607 Page 62 jS}5+. \ &I a,�11'. . ! ( or REQUEST FOR PROPOSALS RFP NO. CIP 23-607 MACEY ROAD RECONSTRUCTION • SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, September 12, 2023, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 . Phone: (979) 361-4290 Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the RFP. Any such contact will be grounds for rejection of the vendor's proposal. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to be met,hereby submits the following RFP for furnishing the material and/or services listed on the attached bid form and agrees to deliver said items at the locations and for the prices set forth on the bid form. Company Name: /1/2// Ri•V 'C r C d e,. - Sae,/ / By(Print): j8/ 11 ASP(S Title: i//- ,G/GI • Physical Address: 63 10 s fA/I l liy .21 k e S74 Bryan, T;r:. ! -/go 'Mailing Address: pO. 130X 6 7L` B ry i 7-. 7 / O 0 6 • Telephone:/7,-..3G/--.214 Fax:M-34e/ 2 92.e, E-Mail:/O 44i ea. 02j YkAgipilh, r,), r.a A. SOLICITATION SCHEDULE A Pre-Proposal Conference will be held in the Brazos County Commissioner's Court located at the Brazos County Administration Building, 200 South Texas Ave,Bryan, Texas 77803 at 2:00 p.m.on Wednesday,.August 30,2023. Release of RFP Tuesday,August 22,2023 Advertisement Dates Tuesday,August 22,2023 Tuesday,August 29,2023 Pre-Proposal Conference Wednesday,August 30,2023 at 2:00 PM CST Deadline for Questions _ Tuesday, September 5,2023 at 5:00 PM.CST Proposal Submission Deadline Tuesday, September 12, 2023 at 2:00 PM CST Review/Contract Evaluations/Negotiations _ September Anticipated Award October Anticipated Construction Start _ October B. SUMMARY OF WORK The reconstruction of Macey Road from the intersection of FM 974 (Tabor Road) to Old Bundick Road (Phase 1), approximately 6,500 LF, and the reconstruction of Macey Road from the intersection of Old Bundick Road to the Little Cedar Creek Bridge (Phase 2), approximately 7,185 LF. The project includes the following: 1. Clearing and grubbing of Right of Way and Easement Areas 2. Demolition, mixing, and reuse of approximate existing chip seal and HMAC pavement, base,and subgrade 3. Demolition, mixing, and reuse of existing driveways and the removal of the existing driveway culverts including safety end treatments 4. Earthwork—Cut to fill,import fill 5. Grading of proposed roadway and roadside ditches 6. Installation of new crossing culverts including headwalls 7. Installation of new driveways and driveway culverts including safety end treatments 8. Installation of Type R Rock riprap and concrete slope paving 9. Installation of approximately 6,500 linear feet (Phase 1) and approximately 7,185 liner feet(Phase 2) of asphalt pavement section 10. Guardrail and Bridge Rail salvage and replacement 11. Striping and signage 12. Traffic Control,Erosion Control,and SWPPP record keeping 13. Other subsidiary items The project has been divided into phases. Brazos County reserves the right to award only one (1) phase of the project or both phases depending on what the committee decides in evaluation. C. ALTERNATES • There are no planned alternates for this project. 2IPage D. CONDITIONS OF RFP The following instructions apply to all proposals and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this Proposal. All Contractors are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY- Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR-The successful Contractor(s) of this proposal request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB-CONTRACTOR-Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER-Same as Contractor 2. Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential value engineering or cost saving suggestions to the County. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into the final contract. 3. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful Contractor for the period designated. 4. Proposals must be received by the Purchasing Department prior to the time and date specified. 5. The County reserves the right to accept or reject in part or in whole, any proposals submitted,and to waive any technicalities for the best interest of the County. 3IPage 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Contractor. Only written specifications and • written price quotations will be considered. 7. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its_. presentprovisions and prices. This contract is nontransferable and non-assignable by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 10.The proposal award shall be based on, but not necessarily limited to, the following factors: a. Total cost including the selected alternates and addenda 40% Contractor's fee and all construction costs by line item will be considered with all other criteria to determine best value to the project. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. b. Completion time 15% How many days it will take to reach substantial completion of the project. The lowest construction time proposal of all the proposals become the standard by which all the time proposals are evaluated. c. Past performance on similar projects of size and scope 10% Proposer's specific experience on like projects. Consideration will be given to the number and type of like projects completed. d. Overall Experience of Project Manager &Superintendent 20% Proposer's direct management personnel experience. Points are awarded based on the qualifications of proposer's Project Manager and Superintendent. e. Resource Availability 15% Listing of personnel and company owned or leased equipment. Provide other resources available. 11. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 12.Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. • 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 4 I Page 15.No proposal may be withdrawn after opening time without acceptable reason and with the approval of Purchasing Agent. 16.Proposals will not be considered if submitted by telephone, fax, or any other means of rapid dispatch, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. • 17.All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. It is recommended that the respondent check the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net) for addenda prior to submitting their proposal. 18. There is no expressed or implied obligation for Brazos County to reimburse responding. service providers for any expenses incurred in preparing proposals in response to this request. 19. Proposals must show full company name, mailing address and telephone number and be manually signed by an authorized sales or Quotation representative of the Contractor. Company- name and authorized signature shall appear in each space provided. The Contractor must include Employer Identification Number or Social Security Number and signature for the proposal to be valid 20. The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit A attached. A contractor or subcontractor who violates this section shall pay to Brazos County $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated on Exhibit A. 21. The proposal specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County, Brazos County will suffer further.loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: two hunched fifty dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 22.Proposals must specify the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to specify completion time or failure to comply with completion time will be considered reason • enough to cancel the contract. 5IPage 23.Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price.shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given.consideration provided that the bidder.also bids on the quantity specified. 24. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 25. This Proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 26. If any provision of this contract shall be held to be invalid or unenforceable for any • reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable,- then such provision shall be deemed to be written, construed, and enforced as so limited. 27.No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. SPECIAL PROVISIONS 1. Proposers with questions regarding the proposal should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. 2. Fill out the proposal completely, identify the proposal name and number on the outside and return it to the Brazos County Purchasing Department, Administration Building, 200 South Texas Ave., Suite 352, Bryan, Texas 77803 prior to the submission deadline. The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the Brazos Valley e- Marketplace County web site https://brazosbid.ionwave.net. The proposer must put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 4. In addition to the County's proposal form, all proposals shall be accompanied by a Contractor's Qualification Statement(AIA Document A-305 or equal)listing five(5)like projects, along with the project's owner and engineer contact information on each project. Please note key individuals means Project Manager and Superintendent for this project. Please be specific on the project commitments in progress and future planned commitments to comply with the requests of this RFP. 6 I Page 5. During the evaluation process,Brazos County reserves the right,in the best interest of the County,to request additional information or clarification from Contractors. 6. The contract shall be awarded to the responsible Contractor whose proposal is determined to be the best evaluated offer. 7. Your response to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 8. Performance Standards: a. All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. b. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. c. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site as required. d. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. e. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. f. The Contractor shall be responsible for initiating, maintaining, and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. g. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). F. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC • INFORMATION ACT 1. Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the Proposer believes that the Proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All Proposals or parts of the Proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful Proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of Proposers. Proposers are advised to consult with their legal counsel concerning - ---- ------ -7 I Page . disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. 4. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. G. CONFLICT OF INTEREST 1. The Proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of Brazos County. 2. By signing and executing this. Proposal, the Proposer certifies and represents to the County the Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant. to the selection process, Proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent., in regard to this RFP from the issuing date of the RFP until the date the Brazos Count' Commissioner's Court meets to consider award of the Proposal. Any such contact will be grounds for rejection of the vendor's proposal. H. ADDENDA AND MODIFICATIONS 1. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the Proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an • interpretation thereof from the Purchasing Agent. At the request of the Proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley e-Marketplace and will become a part of the Proposal package, having the same binding effect as provisions of the original Proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered,the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments, and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing Proposal responses. 8 Page 4. The County does not assume responsibility for receipt of any addendum sent to Proposers. 5. All addenda must be acknowledged on this form. 6. The Commissioner's Court delegated the right and responsibility for issuing any and all addenda to the Purchasing Agent. I. EXAMINATION OF DOCUMENTS AND REOUIREMENTS 1. Each Proposer shall carefully examine all RFP documents and be thoroughly f miliar with all requirements prior to submitting a Proposal. 2. Before submitting a Proposal, each Proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the Proposer of the obligation to comply, in every detail,with all provisions and requirements of the RFP. J. TAXES Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. K. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement-insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy c. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made"policies will not be accepted. ----- ---- ------- -------------------- --------9 I Page d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty. (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. COMMERCIAL GENERAL LIABILITY a.General Liability insurance shall be written by carrier with an A:VIII or better rating in accordance with the current Best Key Rating guide. b.Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. c.No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d.Excess Liability Umbrella Policy in the amount of not less than$2,000,000.00 will be provided at the Contractors expense. e.Brazos County shall be named as additional insured on Contractors insurance. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of$500,000.00 for each accident is required. b. "Texas. Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: a. Definitions: 10 I Page i. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the. Texas Worker's Compensation Commission, or a coverage agreement)TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. ii. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. iii. Persons providing services on the project ("subcontractors" in section 406.096 {of the Texas Labor Code)) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project,the Contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: i. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and - certificates of coverage showing coverage for all person; and ii. no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 11 I Page • h. The Contractor shall post on each project site a notice, in the text, form and. manner prescribed by the Texas Workers' Compensation commission,informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; ii. provide to the Contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii. provide the Contractor, prior to the end of the coverage period, a new • certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. iv. obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file far the duration of the project and for one year thereafter; vi. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii. contractually require each person with whom, it contracts, to perform as required by paragraphs (a)-(g), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract, or providing, or causing to be provided a certificate of coverage,the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self-insured, with the commission's Division of Self-Insurance regulation. Providing false or misleading information may subject the Contractor to administrative -penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF INSURANCE Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain.the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. 12 I Page b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. M. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Depaittiient marked"Attn.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. N. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the 13 I Page Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder,the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers,or other subcontractors. c. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor,walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify,hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected.working environment and the safe use and operation of machinery and equipment in that working environment,no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. O. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers; agents, and employees from all claims, demands,-and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person(whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of,or in connection with the Contractor's work to be performed hereunder. This release shall. apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. 14 I Page P. BONDING REQUIREMENTS 1. All bidders must submit, with proposal, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of the total contract sum within ten(10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR: REJECT ANY SURETY COMPANY PROPOSED BY THE.BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Q. PROPOSAL SUBMITTAL 1. The Proposer shall submit the proposal on the forms enclosed on the Brazos County web site. All blank.spaces in forms shall be correctly filled in by typewriter or manually in ink and the bidder shall state the prices. 2. If a proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. The Proposer shall submit one (1) original of completed RFP with appropriate signature(s). This should include any pricing (Exhibit B and/or Exhibit C), references, specified qualifications, etc. The Proposer shall also submit and five (5) copies of the qualification statements in their proposal packet. 4. By signing the certification below, the vendor verifies that all plans and specifications have been reviewed and are considered in the pricing attached. Prior to award, the vendor also completes the Verification of No Delinquent Taxes or Fees form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certification Form, and the Disclosure of Interested Parties (1295). These are all available on the Brazos County Purchasing website. 5. List of Exhibits that vendor has confirmed they have reviewed before signing submitting this response: a. Exhibit A: Prevailing Wage Rates b. Exhibit B: Bid Form—Phased • c. Exhibit C: Bid Form—All d. Exhibit D: Plans 15IPage • • e. Exhibit E: Specifications f. Exhibit F: Geotech Report g. Exhibit G: County Construction Agreement 6. By submitting a response to this RFP, the proposer is agreeing to sign the County's Construction Agreement,Exhibit G attached. 7. The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. a.Completed and signed RFP including: i. References (Section S) ii. Certification of Proposal(Section V) b.Bid Bonds c.Exhibit B and/or Exhibit C—Pricing Form R. PRICING Complete Exhibit B and/or Exhibit C attached and submitted with the proposal. S. REFERENCES Respondents shall provide a list of at least five(5) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. References received on previous solicitations for similar size and scope in the previous six (6) months may be considered in lieu of obtaining a new reference check. A negative reference may be grounds for disqualification of bid. Respondents are not allowed to use Brazos County as a reference. Company/Entity: C it, O / ,�ry4 Contact: sf a, I /1 c r Phone: GI 7 1` .2 0 q- 5qv0 Email: S'! 17C y' 67 N3/gt7 f1C. "®f/ Company/Entity: _rya u o r - ,Rfya f1 1)IV /G.74 Contact: .ash fry l/ 'I Phone: G! 77-- 77 t- 97.51.51 • Email: AS h i e y `/ f 16 I Page Company/Entity:' 144 iircr Cd Ll yJ /y Contact: +J Lvn/7y (' t+ h 3/-4y I'1)11 e 141 'n7 Phone: g3 fj .qq I - 7I 33 Email: cell h 4 „el`e-y/C/1,'fly) ,c I"I Company/Entity: 71ciPT — Pizo7e. Contact: ,5"f i4eh A5 / G/ 2 Phone: � Jr " /�J'f- 3770 7$ Email: Jr f el`ji11 . `k45d.1c i'g ikol. ®Y Company/Entity: ,,C ,J aJ " G iv? Contact: , 5'S' rsc© Phone: f 31 633 - 33/ Email: J rS`SC • ,c).S C 4) //cdmf g®v 17JPage BID FORM 100%Construction Documents Macey Road Reconstruction O Phase 1 -From FM 974 to Old Bundick Rd �/ Phase 2-From Old Bundick Rd to Little Cedar Creek • Pavement,Earthwork and Storm GESSNER Gessner Engineering,LLC EN G I N E E R I N G July 26,2023 GE Job#:21-1504-01,GLS Job#:619020. - -• . - - :General Items=Phase 1: : Item# Item Quantity Units Unit Cost Total 100 Mobilization,Bonds,and Insurance 1 LS 189,000.00 189,000.00 • 101 Traffic Control 1 LS 119,000.00 119,000.00 102 Erosion Control(SWPPP),Including Hydroseed all Disturbed Areas,and 1 LS 85,400.00 85,400.00 Permanent Rock Dams 103 Temporary Mailboxes 17 EA 82.00 1,394.00 104 Permanent Single Mailbox 15 EA 480.00 7,200.00 105 Permanent Double Mailbox 2 EA 510.00 1,020.00 106 Signage,Complete in Place 10 EA 974.00 9,740.00 107 Stop Bars,Complete in Place 2 EA 149.00 298.00 108 Centerline Striping with Raised Markers,Complete in Place 6,700 LF 1.59 10,653.00 109 Shoulder Striping,Complete in Place 13,400 LF 0.71 9,514.00 Sub Total-General Items-Phase 1 $ 433,219.00 Demolition-P.hase 1 " Item# Item Quantity Units Unit Cost Total 200 Remove Existing Driveway Culverts 18"or Smaller 371 LE 21.00 7,791.00 Includes Headwalls 201 Remove Existing Dirveway Culverts bigger than 18" 370 LF 21.00 7,770.00 Includes Headwalls 202 Remove Existing Crossing Culverts 48"or smaller 40 LF 28.00 1,120.00 Demolition of Existing HMAC Pavement and Existing Driveways(Mix& 203 Mill)and base material,Stockpile on Site(STA 2+14 to STA 4+00 and 2,020 SY 0.69 1,393.80 • STA 65+17 to STA 67+17) 204 Demolition of existing HMAC Pavement and Base Material&Existing 17,989 SY 1.38 24,824.82 Driveways&Base Material(Pulverize&Mix) 205 Preparing,Clearing and Grubbing of ROW 1 LS 8,000.00 8,000.00 Includes the removal of any trees in the ROW and tramming of limbs 206 Remove Existing Traffic Signage 10 EA 143.00 1,430.00 Sub Total-Demolition-Phase 1 -$ 52,329.62 • -.Storm.and:Drainage=Phase.1 . - I. .. .".. .-•.:.' . -__ _.: _ • - : .. . . . ._. __._ _• Item# Item Quantity Units Unit Cost Total 300 15"RCP Type ill(Including Cement Stabilized Structural Backfill), 24 LF 132.00 3,168.00 Complete in Place 301 18"RCP Type III(Including Cement Stabilized Structural Backfill), 774 LF 99.75 77,206.50 Complete in Place 302 24"RCP Type III(Including Cement Stabilized Structural Backfill), 352 LF 130.00 45,760.00 Complete in Place 303 36"RCP Type III(Including Cement Stabilized Structural Backfill per 128 LF 236.00 30,208.00 detail),Complete in Place 304 15"6:1 SETs(PSET-SP),Complete in Place 2 EA 900.00 1,800.00 305 18"6:1 SETs(PSET-SP),Complete in Place 32 - EA 1,076.00 34,432.00 306 24"4:1 SETs(PSET-SP),Complete in Place 4 EA 2,596.00 10,384.00 307 24"6:1 SETs(PSET-SP),Complete in Place 18 EA 2,600.00 46,800.00 308 36"4:1 SETs(PSET-SP),Complete in Place 4 EA 4,000.00 16,000.00 • 309 Concrete Headwall for 2 EA 22,900.00 45,800.00 1—36"RCP Crossing Culvert,Complete in Place per TxDOT Detail 310 4"Concrete Slope Paving,Complete in Place 209 SY 93.75 19,593.75 Sub Total-Storm and Drainage-Phase 1 $ 331,152.25 Pavement and Earth Work='Phase_1 . -• .. _ . _. •' . . _ ' _. -__• _- _- .- . . .: • • _- .- -_ Item# Item Quantity Units Unit Cost Total Earthwork-Recompact and Restabilize Existing Base Material From 400 Stockpile to Proposed Road STA 2+14 to STA 4+00 and STA 65+17 to 2,020 SY 4.63 9,352.60 STA 67+17 401 6"Lime for Stabilization (Assume 6%by Weight) 33 TON 314.00 10,362.00 402 6"Lime Stabilization of Subgrade w/Compaction(does not include cost 2,020 SY 14.99 30,279.80 of lime) 403 Earthwork-Cut to Fill,Design Grades(In Place) 2,197 CY 29.20 64,152.40 404 Earthwork-General Fill to Design Grades(Haul in,In Place) 3,698 CY 14.75 54,545.50 405 8"Cement Stabilization of Subgrade w/Compaction(does not include 23,740 SY 1.60 37,984.00 cost of cement) 406 Cement for Stabilization of Subgrade w/Compaction(Assume 4%by 342.00 TON 237.00 81,054.00 weight) 407 6"-Type B HMAC Base,Complete in Place 21,546 SY 37.32 804,096.72 408 4"-Type C HMAC,Complete in Place 20,814 SY 24.99 520,141.86 409 4"-Crushed Limestone Base or Reclaimed Base for Driveways& 2,955 SY 17.14 50,648.70 Mailbox Turnouts,Complete in Place 410 2"-Type C HMAC Surface for Driveways&Mailbox Turnouts,Complete 2,955 SY 32.27 95,357.85 • in Place . Sub Total.-Pavement and Earth Work-Phase 1 $ -1,757,975.43 •Owner Allowances onl. .� _ (.- ,y.used after approval from Engineer and.Braios County) ,: - - •, _- _ •. ,. _ ,, _ ,_ 600 2.0'x6"Concrete Pilot Flumes,Complete in Place 25 SY 211.00 5,275.00 601 Type R Rock Rip Rap,200-2501b,Hand Placed and Grouted 40 CY 220.00 8,800.00 (18"Embedment)for Crossing Culverts,Complete in Place 602 Additional Cement Stabilized Sand,Complete in Place 100 CY 182.00 18,200.00 603 Flowable fill,Complete in Place 50 CY 138.00 6,900.00 Earthwork-Remove and Replace Unsuitable Soils and Material with 604 Select Fill Including Compaction(In Place).Limits of Remove and 150 CY 31.00 4,650.00 Replace to be Approved by Engineer Prior to Initiating Work. Earthwork-Remove and Replace soils and materials with cement 605 stabilized sand(In Place). 150 CY 126.00 18,900.00 Limits of Remove and Replace to be approved by Engineer prior to initiating work Sub Total-Owner Allowance-Phase 1 62,725.00 Construction Cost-Phase 1 $ 2,637,401.30 • Brazos County Contingency $ 150,000.00 Total Construction Cost-Phase 1 $ 2,787,401.30 Calendar Days for Substantial Completion-Phase 1 $ 85.00 _ - 'General!Writ-:P.Hase2:: . ._ _ _ .. .:,i _-. .__:..'... . ._.. _ •- ._ _ ..... _. :_ .. .' Item# Item Quantity Units Unit Cost Total 700 Mobilization,Bonds,and Insurance I LS $ 186,000.00 $ 186,000.00 701 Traffic Control 1 LS $ 113,500.00 $ 113,500.00 702 Erosion Control(SWPPP),Including Hydroseed all Disturbed Areas,and 1 LS $ 119,000.00 $ 119,000.00 Permanent Rock Dams 703 Temporary Mailboxes 17 EA $ 82.00 $ 1,394.00 704 Permanent Single Mailbox 17 EA $ 480.00 $ 8,160.00 705 Culvert Markers,Complete in Place 4 EA $ .. 165.00 $ 660.00 706 Signage,Complete in Place 5 EA $ 915.00 $ 4,575.00 707 Centerline Striping with Raised Markers,Complete in Place 7,200 LF $ 1.59 $ 11,448.00 708 Shoulder Striping,Complete in Place 14,400 LF $ 0.71 $ 10,224.00 Sub Total-General Items-Phase 2 $ 454,961.00 Demolition-Phase 2 • ... . '.` . . ' . _. : :_. ._ Item# Item Quantity Units Unit Cost Total 800 Remove Existing Driveway Culverts 18"or Smaller 550 LF $ 21.00 $ 11,550.00 Includes Headwalls 801 Remove Existing Dirveway Culverts bigger than 18" 461 LF $ 21.00 $ 9,681.00 Includes Headwalls Demolition of Existing HMAC Pavement and Existing Driveways(Mix& 802 Mill)and base material,Stockpile on Site(STA 67+17 to STA 69+17 and 3,636 SY $ 0.69 $ 2,508.84 STA 131+00 to End) 803 Demolition of existing HMAC Pavement and Base Material&Existing 18,570 SY $ 1.38 $ 25,626.60 Driveways&Base Material(Pulverize&Mix) 804 Preparing,Clearing and Grubbing of ROW 1 LS $ 9,100.00 $ 9,100.00 Includes the removal of any trees in the ROW and trimming of limbs 805 Remove Existing Traffic Signage 5 EA $ 143.00 $ 715.00 Sub Total-Demolition-Phase 2 $* 59,181.44 . . . Storth and Drainage-Phase 2: ._. - ..... _ _ _ . . .- . . . •. - - . -- -- •- - -- Item# Item Quantity Units Unit Cost • Total 90D 18"RCP Type III(Including Cement Stabilized Structural Backfill), 550 LF $ 99.75 $ 54,862.50 Complete in Place 901 24"RCP Type III(Including Cement Stabilized Structural Backfill), 488 LF $ • 130.00 $ 63,440.00 Complete in Place 902 18"6:1 SETs(PSET-SP),Complete in Place 28 EA $ 1,076.00 $ 30,128.00 903 24"4:1 SETs(PSET-SP),Complete in Place 30 EA $ 2,596.00 $ 77,880.00 Sub Total.-Storm and Drainage-Phase 2 $ 226,310.50 ..... .Pavement and Earth Work=Phase•2. _ _ . __.. •-. -_ _ . _ ._. .. "----..'1... _ _ . .. --...__ . Item# I Item . I Quantity I Units I Unit Cost I Total Earthwork-Recompact and Restabilize Existing Base Material From 1000 Stockpile to Proposed Road STA 67+17 to STA 69+17 and STA 131+00 3,636 SY $ 4.63 $ 16,834.68 to End) : 1001 6"Lime for Stabilization(Assume 6%by Weight) 59 TON $ 310.00 $ 18,290.00 1002 6"Lime Stabilization of Subgrade w/Compaction(does not include cost 3,636 SY $ 14.99 $ 54,503.64 of lime) 1003 Earthwork-Cut to Fill,Design Grades(In Place) . 3,134 CY $ 29.20 $ 91,512.80 1004 Earthwork-General Fill to Design Grades(Haul in,In Place) 2,003 CY $ 14.75 $ 29,544.25 1005 8"Cement Stabilization of Subgrade w/Compaction(does not include 25,530 SY $ 1.60 $ 40,848.00 cost of cement) 1006 Cement for Stabilization of Subgrade w/Compaction(Assume 4%by 368.00 TON $ 237.00 $ 87,216.00 weight) 1007 6"-Type B HMAC Base,Complete in Place 23,142 SY $ 37.32 $ 863,659.44 1008 4"-Type C HMAC,Complete in Place • 22,343 SY $ 24.99 $ 558,351.57 1009 4"-Crushed Limestone Base or Reclaimed Base for Driveways& 2,340 SY $ 17.15 $ 40,131.00 Mailbox Tumouts,Complete in Place 1010 2"-Type C HMAC Surface for Driveways&Mailbox Turnouts,Complete 2,340 SY $ 32.27 $ 75,511.80 in Place Sub Total-Pavement and Earth Work-Phase 2 $ 1,876,403.18 • Guardrail§_P..hase 2 _ -. . '• - -- =--- - .1:.•-- . .. - - • - -. . 1100 Softstop End Terminal(50'-9.5"EA)Supply and Install 8 EA $ 4,030.00 $ • 32,240.00 1101 Prepare Area for proposed concrete mow strip (For i LS $ 29,000.00 -$ 29,000.00 Guardrail 1 and 2) 1102 4"Thick Concrete Mow Strip(Guardrail),Complete in Place 675 SY •$ 87.37 $ 58,974.75 1103 Reinstall Salvaged Guard Rail on new wood posts per MBGF Detail 873 LF $ 25.80 $ 22,523.40 1104 Reinstall Salvaged Guard Rail on New I Beam Steel Posts @ Ex Culvert 295 LF $ 87.75 $ 25,886.25 Crossings per MBGF Detail 1105 Object Delineators for Culverts,Complete in Place©Guardrails 12 EA $ 82.30 $ 987.60 1106 Remove Metal Beam Guard Fence,Demo Existing Wood&Steel Posts, 1,536 LF $ 3.29 $ 5,053.44 Salvage Guard Rail,Demo Surplus Ex Guardrail 1107 Signage,Complete in Place @ Guardrails 3 EA $ 110.00 $ 330.00 Sub Total-Guardrails-Phase 2 $ 174,995.44 -."•Owner Allowances(only used after approval•from Erigineer•.and.Braaos County) _ __ • . • ... _ - 1200 2.0'x6"Concrete Pilot Flumes,Complete in Place 25 SY $ 211.00 $ 5,275- 1201 Type R Rock Rip Rap,200-2501b,Hand Placed and Grouted 40 CY $ 220.00 $ 8,800.00 (18"Embedment)for Crossing Culverts,Complete in Place 1202 Additional Cement Stabilized Sand,Complete in Place 100 CY $ 182.00 $ 18,200.00 1203 Flowable fill,Complete in Place 50 CY $ 138.00 $ 6,900.00 Earthwork-Remove and Replace Unsuitable Soils and Material with 1204 Select Fill Including Compaction(In Place).Limits of Remove and 150 CY $ 31.00 $ 4,650.00 Replace to be Approved by Engineer Prior to Initiating Work. Earthwork-Remove and Replace soils and materials with cement 1205 stabilized sand(In Place). 150 CY $ 126.00 $ 18,900.00 Limits of Remove and Replace to be approved by Engineer prior to initiating work Sub Total-Owner Allowance-Phase 2 62,725.00 Construction Cost-Phase 2 $ 2,854,576.56 Brazos County Contingency • $ 150,000.00 Total Construction Cost-Phase 2 $ 3,004,576.56 Calendar Days for Substantial Completion-Phase 2 $ 85.00 Summary • Construction Cost-Phase 1 $ 2,637,401.30 Brazos County Contingency $ 150,000.00 Total Construction Cost-Phase 1 - $ 2,787,401.30 Calendar Days for Substantial Completion-Phase 1 $ 85.00 Construction Cost-Phase 2 $ 2,854,576.56 Brazos County Contingency $ 150,000.00 Total Construction Cost-Phase 2 $ 3,004,576.56 Calendar Days for Substantial Completion-Phase 2 $ 85.00 • ADDENDUM#1 - BID FORM 100% Construction Documents Macey Road Reconstruction From FM 974 to Old Bundick Rd & From Old Bundick Rd to Little Cedar Creek GESSNER Pavement, Earthwork and Storm E,•.G I M E E¢,r; • Gessner Engineering, LLC July 26, 2023 • . GE Job#: 21-1504-01, GLS Job#: 619020 ; General iltems. _ Item# Item Quantity Units Unit Cost Total 100 Mobilization, Bonds, and Insurance 1 LS 307,000.00 307,000.00 101 Traffic Control 1 LS 201,000.00 201,000.00 Erosion Control (SWPPP), Including 102 Hydroseed all Disturbed Areas, and 1 LS 195,300.00 195,300.00 Permanent Rock Dams 103 Temporary Mailboxes 34 EA 82.00 2,788.00 • 104 Permanent Single Mailbox 32 EA 506.00 16,192.00 105 Permanent Double Mailbox 2 EA 476.00 952.00 106 Signage, Complete in Place 15 EA 834.00 12,510.00 107 Culvert Markers, Complete in Place 4 EA $ 160.00 $ 640.00 108 Stop Bars, Complete in Place 2 EA 147.00 294.00 109 Centerline Striping with Raised Markers, 13,900 LF 1.58 21,962.00 Complete in Place 110 Shoulder Striping, Complete in Place 27,800 LF 0.71 19,738.00 Sub Total -General Items $ . 778,376.00 Demolition Item# Item Quantity. Units Unit Cost Total Remove Existing Driveway Culverts 18"or 2.00 Smaller 921 LF 21.00 19,341.00 Includes Headwalls Remove Existing Dirveway Culverts bigger 201 than 18" 831 LF 21.00 17,451.00 Includes Headwalls 202 Remove Existing Crossing Culverts 48" or 40 LF 28.00 1,120.00 smaller Demolition of Existing HMAC Pavement and 203 Existing Driveways(Mix& Mill) and base 3,392 SY 0.69 2,340.48 material, Stockpile on Site (STA 2+14 to STA ' 4+00 and STA 131+00 to End) • Demolition of existing HMAC Pavement and 204 Base Material & Existing Driveways & Base 36,559 SY 1.38 50,451.42 Material (Pulverize& Mix) Preparing, Clearing and Grubbing of ROW 205 Includes the removal of any trees in the ROW 1 LS 17,000.00 17,000.00 and trimming of limbs 206 Remove Existing Traffic Signage 15 EA 140.00 2,100.00 Sub Total -Demolition $ 109,803.90 Item# Item Quantity Units Unit Cost Total 300 15" RCP Type III (Including Cement.Stabilized 24 LF 132.00 3,168.00 Structural Backfill), Complete in Place 18" RCP Type III (Including Cement Stabilized 301 Structural Backfill), Complete in Place 1,324 LF 99.75 132,069.00 302 24" RCP Type Ill (Including Cement Stabilized 840 LF 130.00 109,200.00 Structural Backfill), Complete in Place 36" RCP Type III (Including Cement Stabilized 303 Structural Backfill per detail), Complete in 128 LF 236.00 30,208.00 Place 304 15"6:1 SETs (PSET-SP), Complete in Place 2 EA 900.00 1,800.00 305 18"6:1 SETs (PSET-SP), Complete in Place 60 EA 1,076.00 64,560.00 306 24"4:1 SETs (PSET-SP), Complete in Place 34 EA 2,596.00 88,264.00 307 24"6:1 SETs (PSET-SP), Complete in Place 18 EA 2,500.00 45,000.00 308 36"4:1 SETs (PSET-SP), Complete in Place 4 EA 4,000.00 16,000.00 Concrete Headwall for 309 1 —36" RCP Crossing Culvert w/Structural 2 EA 22,900.00 45,800.00 Backfill, Complete in Place per TxDOT Detail 310 4" Concrete Slope Paving, Complete in Place 209 SY 93.75 19,593.75 Sub Total -Storm and Drainage $ 555,662.75 .Pavement and Earth Work. ' .__ • - U Item# Item Quantity nits Unit Cost Total Earthwork- Recompact and Restabilize 400 Existing Base Material From Stockpile to 3 392 SY 4.60 15,603.20 Proposed Road STA 2+14 to STA 4+00 and ' STA 131+00 to End) 401 6" Lime for Stabilization (Assume 6% by 55 TON 314.00 17,270.00 Weight) 6" Lime Stabilization of Subgrade w/ 402 Compaction (does not include cost of lime) 3,392 SY 14.99 50,846.08 403 Earthwork-Cut to Fill, Design Grades (In 5,331 CY 29.20 155,665.20 Place) 404 Earthwork- General Fill to Design Grades 5,701 CY 14.75 84,089.75 (Haul in, In Place) 8"Cement Stabilization of Subgrade w/ 405 Compaction (does not include cost of cement) 49,270 SY 1.60 78,832.00 406 Cement for Stabilization of Subgrade w/ 710.00 TON 237.00 168,270.00 Compaction (Assume 4% by weight) 407 6"-Type B HMAC Base, Complete in Place 44,688 SY 37.32 1,667,756.16 408 . 4"-Type C HMAC, Complete in Place 43,157 SY 24.99 1,078,493.43 4"-Crushed Limestone Base or Reclaimed 409 Base for Driveways & Mailbox Turnouts, 5,295 SY 16.99 89,962.05 Complete in Place 410 2"-Type C HMAC Surface for Driveways & 5,295 SY 32.27 170,869.65 Mailbox Turnouts, Complete in Place Sub Total -Pavement and Earth Work $ .3,577,667.52 •.Guardrails . - • . • ` • • _ _ . 1100 Softstop End Terminal (50'-9.5" EA) Supply 8 EA $ 4,000.00 $ 32,000.00 and Install 1101 Prepare Area for proposed concrete mow strip LS $ 29,000.00 $ 29,000.00 (For Guardrail 1 and 2) 1102 4"Thick Concrete Mow Strip (Guardrail), 675 SY $ 87.37 $ 58,974.75 Complete in Place 1103 Reinstall Salvaged Guard Rail on new wood 873 LF $ 25.54 $ 22,296.42 - posts per MBGF Detail Reinstall Salvaged Guard Rail on New I Beam 1104 Steel Posts @ Ex Culvert Crossings per 295 LF $ 86.95 $ 25,650.25 MBGF Detail 1105 Object Delineators for Culverts, Complete in 12 EA $ 82.00 $ 984.00 Place @ Guardrails Remove Metal Beam Guard Fence , Demo 1106 Existing Wood &Steel Posts, Salvage Guard 1,536 LF $ 3.26 $ 5,007.36 Rail, Demo Surplus Ex Guardrail 1107 Signage, Complete in Place @ Guardrails 3 EA $ 110.00 $ 330.00 Sub Total - Guardrails $ 174,242.78 . Owner;Allowances-(only used;after approval fromEngineer and'Braios:County):' - 600 2.0'x6" Concrete Pilot Flumes, Complete in 50 SY 211.00 10,550.00 Place Type R Rock Rip Rap, 200-2501b, Hand Placed and Grouted 601 80 CY 220.00 17,600.00 (18" Embedment)for Crossing Culverts, Complete in Place 602 Additional Cement Stabilized Sand, Complete 200 CY 182.00 36,400.00 in Place 603 Flowable fill, Complete in Place 100 CY 138.00 13,800.00 Earthwork- Remove and Replace Unsuitable Soils and Material with Select Fill Including 604 Compaction (In Place). Limits of Remove and 300 CY 31.00 9,300.00 Replace to be Approved by Engineer Prior to Initiating Work. Earthwork-Remove and Replace.soils and materials with cement stabilized sand (In 605 Place). 300 CY 125.00 37,500.00 Limits of Remove and Replace to be approved by Engineer prior to initiating work Sub Total -Owner Allowance 125,150.00 Construction Cost $ 5,320,892.95 Brazos County Contingency $ 150,000.00 Total Construction Cost $ 5,470,892.95 Calendar Days for Substantial Completion $ 170.00 T. PROPOSAL EVALUATION WAIVER By submitting a proposal or response, each Proposer/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with.(1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The Proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. STATEMENT OF AFFIRMATION The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal. Firm's Name: /ipj a'rG R 'v. r Co P�, " ,gyp t-f h Address: /� 0 6 7 if Bryan 7k . 7 7 8'06 Proposer's N e: Position/Title: l (� Proposer's Signature: 1 — Date: q/li/2. 3 Subscribed and sworn to me on this 1 t 11" day of Sep+. in the year zo Z j Notary Public SHANNON DODGEN • xWAILt Notary ID#130587710 ...T I�4, My Commission Expires My Commission expires ''FOF-‘" May 19,2024 U. ADDENDA The undersigned acknowledges responsibility for all addenda issued prior to closing date. No addenda will be issued less than 48 hours prior to the solicitation submission deadline. No. f No. No. Date 9' 1 "„2 3 Date Date - _ _ 18 I_Page V. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Contractor, and that the contents of this bid have • not been communicated to any other Contractor prior to the official opening. Signed By: 1 cp. .. Title: �� 1 Typed Name g ; �d Z,� r f Company Name: /4'Jjfg At i'v‹, 6 olio. — 5.0u.ch Mailing Address: /dd Boor 6 fi' peril-r/) 7 . 17,06 P.O.Box or Street City State Zip Employer Identification Number: 7Y„2 ‘.5. 6 61 D ,..`cp..,,� ,al T/0,.,,, CORPORATE SEAL IF SUBMITTED BY A CORPORATION . ; fl .10 END OF RFP NO. CIP 23-607 =°C i v . 9g3 `a .. cp .1 .11 . By signing below, Brazos County agrees that this RFP CIP 23-607 will be aw4, t ite-,% ..= vendor whose name appears above and both parties agree to the terms and tgn '�d t ,�P'.o contained herein. C. By: Brazos County Commissioner's Court Date: Oo3e —6 (°( 02.002E Attest: Brazos County Clerk 4 `1 Liberty rfr3` Mutuale SURETY Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Nmne,legal status and principal place of business) Knife River Corporation-South Liberty Mutual Insurance Company P.O. Box 674 175 Berkeley Street This document has important Bryan,TX 77806 Boston, MA 02116 legal consequences. Consultation with an attorney OWNER: MAILING ADDRESS FOR NOTICES: is encouraged with respect to (Name,legal status and address) its completion or modification. Brazos County Any singular reference to 200 S.Texas Ave, Suite 352 Contractor,Surety,Owner or Bryan;TX 77803 other party-shall be considered BOND5% plural where applicable. AMOUNT: Five Percent of Amount Bid PROJECT: (Nwne location or address,and Project number;if any) Macey Road Reconstruction, RFP No. CIP 23-607 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. • If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. ,,��,,,,,,,,n,,,p,,,,,,�' When this Bond has been famished to comply with a statutory or other legal requirement in the location of the Pro, t49s18td 4j* Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confo ��g ygi r : � : other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond sltakl ed as a �''•• statutory bond and not as a common law bond. :iZ l O ��3 Signed and sealed this 12th day of September , 2023 . :W :•C • S Knife River Corporation-South �.4 �'•y.., i s) (Contractor as Principal) '••, TEXIiFf21) i2yi ('Title) ttAiJ�tNSUq,Py otl�_'tf , /Ir�L,.. Liberty Mutual Ins e Company tisu „e.n (Witness) (Surety) /J) 1912 ca By: ire 43-s- (Title ather R. Goedtel, ttorney-in-Fact * Init. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text LMS-20862e onat in AIA Document A310-2010 Edition Bid Bond. Surety Acknowledgment State of Minnesota } } ss. County of Hennepin } On this 1.2th day of September 2023, before me personally came Heather R. Goedtel, to me known,who being by me duly sworn, did depose and say that she is the Attorney-in-Fact of Liberty Mutual Insurance Company described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name to it by like order. (Notary Pu lic y s4*. BLAKE S. BOHLIG Notary Public 1=r' 7; State of Minnesota My Commission Expires January 31,2026 0.- This Power of Attorney limits the acts of those named herein,and they have no authority to T bind the Company except in the manner and to the extent herein stated. )1:‘,. .„..J.,„ i Abe Liberty Mutual Insurance Company III Mutual. The Ohio Casualty Insurance Company Certificate No: 8209635-190003 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the°Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint Blake S. Bohlig;Brian D.Carpenter;Craig Olmstead;Erik T.Gunkel;Haley Pflug;Heather R.Goedtel;Jessica Hecker,Kelly Nicole Enghauser;Laurie Pflug;Michelle Halter; Michelle Ward;Nicole Langer all of the city of Bloomington state of MN each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of March , 2023 . - Liberty Mutual Insurance Company PV%NSURy ,:o INS& %t SU,q The Ohio Casualty Insurance Company 4.4 oseo�r,oyc'm .QJ P aooseork ' o PT gP?o�O�ra1 West American Insurance Company ui � 91912.7 �y191941 ca o A. 1991 0 a d0 SSAmos ..tbs 4. O NAmp-_.,b vd, 'NelAta. ? 417:4- .o U 6)7* 0 -'yl t t-� o'M * I•� By: 'S o. its David M.Carey,Assistant Secretary t too State of PENNSYLVANIA E 2 a County of MONTGOMERY SS o 4.- 7 On this 20th day of March , 2023 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 3 0 o al Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes-a a) therein contained by a signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. N as to PAsi a O ` 'z' ow, F� Commonwealth of Pennsylvania-Notary Seal if 8 �tp Gpa 'Qt.( Teresa Pastelia,Notary Public CI) ... Montgomery Comity y E E o.. Cl' My commission expires March 28,2025 By• "Ali o m 4F F Commission number 1126044 .... a)N 4- �syp �s Member,Pennsyi aria Association of Notaries eresa Pastella,Notary Public Q cm CO aI SErr ram' •:t. This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual c? o c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: to ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o`o f— My officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation_as the Chairman or the v m :12 8 President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m— > c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall c ow +- have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o aI Z n instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the a m provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti a ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. - I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 12th day of September , 2023 . P,1NSUR4 PxSY INSU 1NSUR c,ov"4r•6tr+ Q 3°opo�rbe 2� �cyG000%,),44,'c� a ` li 1912 O o :a1919 o a 1991 ,s0 'civIGyam` - d. 412Ac rsr, as �O .A.,,,, T�' �NOIANp' a� By: 6, * *� A,, * *4a sRM*N�d Renee C.Llewellyn,Assistant Secretary LMS-12a73 LMIC OCIC WAIC Multi Co 02121 T �F r�9.: Brazos County • N: Cap`: ' ��* Purchasing Department fiT OF ��r.. 200 S.TX.AVE.,STE 352 BRYAN,TX 77803 PHONE(979)361-4292 FAX(979)361-4293 Addendum #1 to CIP 23-607 Macey Road Reconstruction Issued: September 7,2023 Change: Clarifications and Typos Corrected on Bid Forms Reason: Clarification Clarifications made for tie-ins to existing pavement per phase along with some corrected typos. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. • Acknowledgement of Ad ndum; Signature: Printed Name: L e i it r z /kf e.t c L f - ;IFE L 'ER www.kniferiver com 6310 State Hwy21 West 2901 Marlin Hwy6 Bryan,TX 77806 Waco,Texas 76705 MallingAddress: Mating Address: P.O.Box 674 P.O.Box 1800 Bryan,TX 77806 Waco,Texas 76703 (979)361-2900 I(979)361-2981 FAX (254)761-26001(254)761-2695 FAX COMPANY INFORMATION Date of Incorporation:01/28/93 Federal Tax ID: 17426667610 Knife River Corporation—South Is a division of Knife River Corporation(Bismarck,ND),who is a subsidiary of MDU Resources Group,Inc. Corporate Officers: Robert M. Kober Region President Ben Carlson Vice President of Operations Peggy Rebstock Regional Controller William Faris VP/GM—Bryan&Waco Insurance Company: Liberty Mutual Fire Insurance Co. Bonding Company: Liberty Mutual Insurance Co. Bonding Capacity: $900,000,000+ Aggregate $100,000,000 per Project The authorized contact to negotiate or expedite bids and contracts is: William(Bill) Faris 6310 Hwy 21 West Bryan,TX 77807 979-361-2900 1979-361-2920 FAX Bill.Faris@kniferiver.com This firm has never failed to complete any work awarded to us. We have never defaulted on a contract. We have immediately available a complete line of construction equipment, owned by our company and will be able to supply any equipment required on this project. We are on the current Texas Department of Transportation qualified bidders list. A list of recently completed contracts is attached for your consideration. Knife River Corporation—South is not classified as a HUB or a DBE. • • FE .'{� . E • . • www.kniferivercom • • • Bill Faris • Knife River Corporation—South 6310 Hwy 21 West Bryan,TX • • • 8/31/2023: • • To whom it may concern, • • • Knife-River Corporation—South was incorporated on January 28, 1993. • . • We are one of the largest construction•materials and contracting companies in the United-States, a.status we • • have achieved through the hard work of our 5,600 team members (spread•across 15 states) and the loyalty of our many customers. Knife River is a Top 10 aggregate producer in the United States and is one of only three companies on that list to be American-owned and operated.We are committed to.our values and proud of our. American heritage. • Our success is built on.four core values: People,Safety,Quality,and our Environmental Commitment. People are , critical to our success,whether it's our employees,our customers,or the end users of our products and services. • That's why our commitment to safety, quality, and environmental compliance is so important.We are driven to • • work safely, produce quality results and.manage our impact on the environment because that is the best way to• •• take care of our teams,our customers and our communities. • Behind every Knife River job stands a team committed to each other, committed•to you and committed to our.• . values.The first two words of the Knife River Corporation vision statement are "With integrity."That is how we do business,and that is how we treat our customers and our employees. . • Thank you for your time and consideration, • • • Bill Faris Vice President and General Manager . Liberty Mutual Surety Liberty (� Mutual® Grand Oaks Nine 2854 Highway 55,Suite 250 September 11,2023 Eagan,MN 55121 651-365-7496 651-365-7498-Fax Re: Knife River Corporation—South To Whom It May Concern: As surety agent for Knife River Corporation—South,I am pleased to recommend the organization and the exceptional abilities it brings to the construction marketplace. Liberty Mutual Insurance Company(surety since 2002)and Travelers Casualty and Surety Company of America(surety since 2003),as co-surety,provide the surety support requested by Knife River Corporation—South.Liberty Mutual Insurance Company is listed in the Department of the Treasury's Listing of Approved Sureties and is rated A by A.M.Best and Travelers Casualty and Surety Company of America is listed in the Department of the Treasury's Listing of Approved Sureties and is rated A++ by A.M.Best. Knife River Corporation—South has ample bonding capacity with a single project capacity in excess of$100,000,000 and an aggregate bonding capacity in excess of$1,500,000,000.Knife River Corporation—South has a remaining capacity in excess of$560,000,000. Knife River Corporation—South is a valued client of Willis Towers Watson and their co-surety team. Please accept our judgement that Knife River Corporation—South is well qualified to provide the necessary financial,technical and management resources to satisfy your project's construction requirements. Should your projects require bonding,we would welcome the opportunity to secure bonds on behalf of Knife River Corporation—South if they request us to do so. Sincerely, Cl>)efek" ‘,1NSL 4 Poea90�T.-74.z Heather R. Goedtel 1912 n 0 Attorney-in-Fact d4)„. �aa Member of Liberty Mutual Group .,_. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. p ,*: Liberty. Liberty Mutual Insurance Company rA Mutual® The Ohio Casualty Insurance Company Certificate No:8209239-190003 West American Insurance Company SURETY POWER OF ATTORNEY • KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Blake S. Bohlig;Brian D.Carpenter;Craig Olmstead;Erik T.Gunkel;Haley Pflug;Heather R.Goedtel;Jessica Hoff;Kelly Nicole Enghauser;Laurie Pflug;Michelle Halter; Michelle Ward;Nicole Langer all of the city of Bloomington state of MN each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of January , 2023 . Liberty Mutual Insurance Company P� %NSUp P01 INSL ,t tNSUR4 The Ohio Casualty Insurance Company aJ ooFPO&gi y° op GORP0kq, T `57,oaF°R4r�+Ln West American Insurance Company ▪ a F0R+ Q3 moo � 2 ot0 ui r c• 1912 0 o y 1919� 0 4. 1991 0 ///��/��_J/f Qvi 5 coE. — David M.Carey,Assistant Secretary gS v as State of PENNSYLVANIA ss 2 rn County of MONTGOMERY o = On this 12th day of January , 2023 before me personally appeared David M.Carey,who adcnowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 62 N N Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes N� a)' therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. OA at 0 m PAS? O N Q�45�oNw 81 Commonwealth of Pennsylvania.Notary Seal !L p t,,, ( Teresa Pastella,Notary Public 49:66 �` O y Montgomery County E O OF My commission expires March 28,2025 By: Q.r$A .ct-ty O E c CO .P Commission number 1126044 �y N 4-,-, +y ft% -wit' .9 Member,Pennsylvania Association of Notaries ®rasa Pastella,Notary Public �l oO rn0 °aRY P�4 O N -C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance C? c Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: N Il ARTICLE IV—OFFICERS:Section 12.Power of Attorney. o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President :12 c8j may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all kW— co c undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full-a� o l= power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall Z v be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the provisions of this r— g3 article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. IQ-5. ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. My officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys4n-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and'all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 11 th day of September,2023 • /1NSU,q ASV INSG a 1NSU/�, j -cpsP°R.,746 crcoaaoegr�R9y� �- opF°rr4),, sio 1912 n 0 1919 , L 1991 n ,..~ By: t*19.9 V42*usA a y°o,1"AMPs°1S '%s��'H"o*a-_,b Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02121 EkK1MIILFEI (II\fi �t14" . • vnhv.knifarivorcont . 6310 State Hwy21 West 2901 Marlin Hwy 6 Btyan,7X 77808 Waco,Texas 76706 • Melling Address: • MellingAddross: P.O.Box674 P.O.Box 1800 Biyan,iX 77806 Waco,Texas 76703 (979)361-2900 I(979)361-298iFAX (254)761-2600 I(254)761-2695 FAX KEY PERSONNEL(MANAGEMENT) • NAME TITLE EXPERIENCE Bob Kober President(Region) • 41 Ben Carlson Vice President of Operations(Region) 32 Bill Fads VP/GM-Bryan&Waco Divisions 36 • Jay Martin Construction Manager—Bryan,TX 32 Charlie Botkin General Superintendent—Bryan,TX 28 . • Victor Mendoza HMAC Paving General Superintendent 8 Lynn Fitzgerald Bridge General Superintendent 46 Lonnie Mitchell Head Estimator—Bryan,TX 44 Jake Burchett Estimator/Project Manager—Bryan,TX • 12 Jon White Estimator/Project Manager--Bryan,TX so • Shannon Dodgen Contract Administrator—Bryan,TX 13 Lu p a Sanchez • Superintendent—Underground,Subgrade, 13 Base&Concrete Terry I<Illingsworth Superintendent—Earthwork,Underground, 47 Subgrade&Base, Concrete and Bridge lid lM[fl [ '���ll\%[ ►vvtv.knlfedver.com - 0310 Slate Hwy21West 290i Marlin Hwy6 Biyan,7X 77806 Waco,Texas 76705 • Me1IIngAddress: Moiling Address: P.O,Box 074 P.O.Box 1800 Oryan,TX 77806 Waco,Texas 76703 (079)361-2900 i(979)361-2981 FAX (264)761.2000 l(264)761-2895 FAX Cody Williams Superintendent—Earthwork,Subgrade&Base 43 • Jerry Owens Superintendent—Earthwork, Subgrade&Base 38 Gary Taylor Superintendent—Earthwork,Subgrade&Base 9 Andres Umanzor Bridge General Superintendent 30 CONTRACTOR KEY PERSONNEL Superintendent&Project Manager Information Resumes of key personnel shall also be included. Professional affiliations, memberships, and certifications for each of the key personnel must be included and will be used to evaluate the proposed team and personnel. Project Manager Years Experience Projects Take Burchett 13 * See resume Julie Tengesdal 20 *See resume Ton White 11 *See resume Superintendent Years Experience Projects Charlie Botkin 28 *See resume Scheduler Years Experience Projects Take Burchett 13 *See resume Julie Tengesdal *See resume Ton White 11 *See resume Quality Control Person Years Experience Projects Richard Roberts 39 *.See resume 23-088 RFP(CSP)Luther Street Rehabilitation Page 36 of 102 from Penberthy Blvd to Marion Pugh Dr. • i}} Jake Burchett 110 Rolling Ridge*College Station,TX 77845 • (979)220-7633 • Jakeb1313@gmail.com EDUCATION Sam Houston State University, Huntsville, TX Aug 05 Aug 08 • Bachelor of Construction Management; GPA: 3.1 WORK EXPERIENCE Hassell Construction- Houston, TX October 16- Present Contract Manager • Coordinate with Hassell President, Estimating VP,and field leadership, establishment of project objectives,procedures,schedules,and performance requirements. • Provide ongoing support to Construction/Operations for efficient and profitable execution of work including scheduling with primavera,procurement and change order/supplemental work processes. • Maintain documentation of quantities and value of work estimated/completed to support forecasting for future project performance and work in progress utilizing Computer Ease software. • Build and maintain relationships with agencies and community leaders. Knife River Corporation-Bryan, TX September 14-October 16 Proiect Manager • Coordinate with Estimating Manager,Construction Manager and field leadership, establishment of project objectives, procedures,schedules,and performance requirements. • Provide direct and indirect supervision of field crew members/foreman or superintendents. • Maintain documentation of quantities and value of work estimated/completed to support forecasting for future project performance and work in progress utilizing JD Edwards and Business Intelligence. • Provide ongoing support to Construction/Operations for efficient and profitable execution of work including scheduling with primavera, procurement and change order/supplemental work processes. • Partner with Contract Administrator to review and process financial aspects of contracts(i.e.: billings,sub-contract payments,material payments,collections, etc.). • Troubleshoot and problem solve situations/problems(material quality,equipment operation/repair, etc.). Monitor and discuss production problems with co-workers and managers/supervisors. • Build and maintain relationships with agencies and community leaders. Jagoe-Public- Denton, TX April 13-September 14 Project Manager/Estimator • Estimated,secured,and managed TxDOT and Private contracts as a GC and Subcontractor. • Execute Subcontracts,Change Orders and Subcontractor Pay Request on multiple projects. • Provided assistance in developing the Project Manager responsibilities,utilizing new quantity tracking, Primavera scheduling and other takeoff software. • Provide estimates to general public on private driveways,parking areas and other services. • Build and maintain relationships with agencies and community leaders. Texas Sterling Construction- DFW, TX May 08 —April 13 project Coordinator • Manage TxDOT,City and NTTA projects up to 92 million dollars. • Prepared submittals, RFI's and track quantities for monthly estimates. • Coordinate SW3P monitoring for batch plant and lay down yard. • Utilized the following programs:AGTEK 4D, Planswift, HCSS,Viewpoint and Primavera. • Dallas Love Field signatory and Movement Area Trained, MUTCD, OSHA 10. REFERENCES Jay Martin- Construction Manager-Knife River Corporation Phone-(979)219-7344 Emaii-jay.martIntS kniferiver.com Jason Roberts- Senior Estimator-Jagoe-Public Phone-(903)815-8842 Email-jrobertsd38Aomail.com Jason Hassell- EstimaterNP-Hassell Construction Company Phone-(832)540-9228 Email-jihassell@hassellconstruction.com Texas Sterling Project Summaries TxDOT SH 161 FRONTAGE ROADS-$30M project that consisted of concrete paving, storm drain, bridge structures, precast MSE and noise wall construction. This was a three-lane frontage road going Northbound and Southbound and overpass for the new NTTA SH 161 tollway that intersected IH 30. I began as a Rodman for a survey crew for my internship in college and was hired on as a Project Coordinator after graduation. I came in half way through this project, which met an end of job early completion bonus of 1.2M dollars. TxDOT MT. CREEK PARKWAY- $28M project that consisted of concrete paving, storm drain, water line, sewer line, bridge structures and cast in place wall construction. This was a four-lane widening of Mt. Creek Parkway from Spur 408 to Grady Niblo Road (four miles). This included a seven-span bridge on steep grade one smaller two span bridge, two miles of ten-inch water line, and up to a forty- foot-deep cut for sanitary sewer. Mt. Creek Parkway was home to Dallas Baptist University, the Dallas/Ft. Worth National Cemetery and the Dallas Police Department shooting range. There was extensive coordination between all these entities for the duration of the project. City of Dallas-Taxiway Lima Rehabilitation- $14M project that consisted of concrete paving, PVC under drain, electrical, and a private apron extension at Dallas Love Field. This project required removal of existing asphalt taxiway, excavation, sub-grade preparation, followed by 18 inches of concrete paving. Asphalt shoulder installation, striping, electrical work and a sixty-day runway shutdown were also included in the contract. I was movement area trained, put together airport badge applications and kept track of expiration dates and escorted subs in the movement area. kITTA Chisholm Trail Parkway Section 3B-$92M project that consisted of twenty new bridges and overpasses (totaling over four miles), a mile and a half of concrete paving, sixteen thousand feet of underground utilities, three hundred thousand square feet of MSE wall, and half a million cubic yards of dirt excavation/embankment. This was the interchange portion of the new "Chisholm Trail Parkway" that intersected IH20 at the split with SH183 in Fort Worth.The majority of the bridge structures was mass placement concrete and required a new integral color concrete design. 1 was the assistant Project Manager on this project and helped initiate the Heavyjob system with TSC on this project with over twenty foremen. I was trained and utilized the North Texas Tollway Authorities electronic project reporting system(EPRS) and oversaw all requests for information, submittals, quantity tracking, time card approval and SW3P controls for our storage yard/office and batch plant site.This was a high- profile job that crossed two major highways in Southwest FortWorth that was surrounded by popular businesses and housing developments. Jagoe- Public Project Summaries TxIDOT US 377- $5M project that Jagoe-Public was an asphalt-paving subcontractor for Rebcon Inc. I met with their management team on progress meetings to schedule our asphalt crews, keep track of quantities and bill them accordingly. TxDOT FM 979-$7M project that consisted of a shoulder widening, base repairs, cross structure extensions and overlay. This was a typical project that Jagoe excelled at where we performed the widening, repairs and overlays and subbed out the storm drain. My responsibilities were to coordinate subcontractors and any communications with the owner. City of Denton Hickory Street Improvements-$3M project that consisted of landscape, underground utility, roadway and parking improvements along Hickory Street in Denton. This project was also considered a "streetscape improvement" located in the square,which encompassed many popular restaurants and bars in downtown. These improvements included the widening of sidewalks and parking areas utilizing brick pavers, ADA ramps and railings, landscape improvements, and aesthetically pleasing dumpster enclosures. The consultant that engineered these plans for the city did a less than adequate job, so we needed to have many partnering sessions with the city of Denton to keep the project moving in a high-profile area. TxDOT US 380-$15M project that consisted of concrete paving and storm drain improvements. This job was located on University Drive just North of the University of North Texas and Texas Women's University campus. There were some extensive utility relocation delays that prevented this project from starting before I left Jagoe-Public. I set the entire job up from putting together a change order for material escalators and an extensive environmental plan for some existing contaminated soils found after the project was bid. This plan included the removal and manifest of excavated materials from old gas station locations from multiple locations throughout the project. Some of the old storage tanks were never removed so I helped an outside consultant put a plan together to properly remove contaminated materials and dispose of them in a safe manor. Knife River Corporation Project Summaries TxDOT Fayetteville CR 290 at Owl Creek- $400K project that consisted of the removal of existing structure and replacement of a two-span bridge at Owl Creek. This was a standard off system bridge that utilized slab beams and two-course seal coat on the approaches. TxDOT Fayetteville US 290-$3M project that consisted of a mill, seal coat and overlay on both sides of US 290 for a total of fourteen miles. This is the type of project that KRC excels at and performs mirror projects throughout the year. I was able to catch an outside trucking overrun as we were using more trucks on the milling than was bid. We were able to make up that cost with good productions and ride quality bonuses. TxDOT Brazos FM 1179-$2.5M project that consisted of a mill, overlay, base repairs, sidewalk and driveway renovations through a busy roadway in Bryan, TX. This job required the coordination with many businesses for driveway construction. 1 was able to catch an overrun on sidewalk production early in the job and figured out that two crews did not have enough room to perform. We moved one of the crews off the project and were able to maintain budget and perform better on driveway construction to make up for lost budget. TxDOT Austin CR at Sandy Creek- $400K project that consisted of the removal of existing structure and replacement of a single span bridge at Sandy Creek. This was a standard off system bridge that utilized slab beams and flex base on the approaches TxDOT Robertson FM 1373-$1.2M project that consisted of the removal and replacement of two bridges on a rural highway in Robertson County. When I was setting up this project, I discovered our bid had not accounted for majority of the beam cost and had to write the job revenue down 100K. After negotiating with subs/suppliers, talking with the superintendent and performing at our best,we were able to make up the entire loss on this project and get back to original profit. TxDOT Brazos SH 21 Crossovers- $1.6M project that consisted of grading, base, surface and markings on new turn lanes and crossovers for highway 21. The consultant that engineered these plans did a less that adequate job and required up to 500K of change order and improvements to • make this project work. We had to have many'partnering sessions with the state to keep this project moving. TxDOT Brazos SH 6 Ramo Reversal-$7,5M project that consisted of the construction of upgrade freeway facility including grading, structures,surface, signs and markings. This is a ramp reversal project on Highway 6 through Bryan, TX. KRC started the underground and ramp removal in phase one and I was able to complete an extensive dirt takeoff with Agtek 4D to confirm dirt quantities for each phase to help plan the work so we could meet the tight budget. Hassell Construction Project Summaries • TxDOT Harris County SH 99-$3.26M project that consisted of a new location frontage road and U- turns at Morton Rd &Clay Rd. This project consisted of grading, base, concrete pavement, retaining walls, signing, striping, drainage structures and illumination. TxDOT caused some serious delays on this project due to being unresponsive to RFI's so I was able to put a time impact analysis with Primavera that helped negotiate a change order for the six percent overhead cost incurred by this delay over 300K. TxDOT Brazoria County SH 6- $4.96M project for the construction of intersection improvements along with concrete median and turn lanes over existing paving for a stretch of 17.65 miles-on highway 6. This project also experienced utility delays where I was able to utilize Primavera to show these impacts and stop liquidated damages from being charged. This project will also be pursuing compensation for the six percent overhead as it ends, City of College Station-Greens Prairie Trail-$4.45M project that consisted of the two miles of the removal of an existing two-lane asphalt road and addition of a four-lane concrete road with stamped concrete medians. There were multiple utility delays on this project with a strict timeframe to finish since there was a new school opening on this roadway. I kept a spreadsheet with production averages to show field supervision how changing the crew size affected the quantities to be installed per day. I believe this helped a new supervisor to stay on budget for this project. JVlontgomery County- Rayford Road Widening-$26M dollar project where Smith and Company was the GC. Hassell Construction partnered with Smith and Co to perform 6.2 miles of concrete pipe and box culvert, concrete paving, driveways, curb and gutter and sidewalk ramps. This project was subject to many utility delays where partnering was required on a regular basis with the County. City of College Station-Francis Drive Rehabilitation- 3.7M dollar project involves the replacement of new concrete pavement for one mile of an existing neighborhood street. This project also consisted of rehabilitation of the sidewalk, water, wastewater and drainage utilities in the area. JULIE S.TENGESDAL POSITION;.'•:;':`: `' :.=:; : .::' :::`.:.:': PROFESSIONAL EXPERIENCE: Julie has 20+ years of experience In the construction industry, ranging from small paving projects to large design- build EDUCATION/EXPiRIENCE:.: ' projects.She has worked on civil infrastructure(roads,bridges, 5:'t ouisiana State.University..; light rail), oil and gas refineries, and coal power and chemical ::: Ba'toii.Rouge,.LA plant projects. Julie has held multiple positions in the Construction Management.: construction industry from a craft journeyman pipefitter to managing craft workers, subcontractors, and job/field :Knife River Corporation engineers as a senior level project manager. Ferrovial Agroman US Corp PROJECT EXPERIENCE: (08/2016 05/2022) : The;l ane Construction Cor ,.'r.; ::•;:: ,; Mllam Co. FM 2095, Gause, TX KRC (07/2023 . On-Going) Kiewit Texas:Construction,.LP $2:4 million Bridge removal/replacement. Robertson Co. US 190; ETC. multiple counties/locations surrounding the Bryan/College Station area, TX KRC-(01/2023-On-Going)- ';; REST?ONSIBILiTIES::':: : '::;:; ;:.:. :: :.°:._•':: Project Manager $4.5 million for the construction of .. '����:Ensures:co.struction.�roresses.as,`. miscellaneous work consisting of safety lighting, traffic signal, advance warning signs and sidewalks. BRAZOS Co.SH 30, are hered.to::: .::..::; College Station,TX KRC (11/2022 .On-Going) Project ::`= Manages subcontracting schedulin Manager-$2.8 million construction of a safety improvement tacks costs:to.authorize.:::::;;.• project consisting of install raised median and sidewalks. - :: for final change order. Managing close-out ;:Orders;and,.receives construction.:`.`.`.; s: materials.and.ensures:they.meet.'::':; idor Fort Worth,TX(Joint Venture Ferrovial and specifications I.35W Corridor, - Assistsmanagement.with:planning,;.; Webber P3 Design-Build) Segment 3A and Segment 3C construction proce•sses (Aug. 2016 May 2022)-Senior Project Manager - ;Monitors,`:tracks. ob:cost and.:'.;:`;: ` Worked an Segment 3C started 2020. My '::`:`prepares job cost.reports to ensure.; :: responsibilities are managing the traffic activities, and budgets ;budget;control:within:estimated cost for the$910 million project which will rebuild 6.7 miles from just =:';sPrepares,RFl:and. hangeorders::°:' north of US 81/287(Heritage Trace Pkwy) to Eagle Parkway in =' Corresponds with:owner regard ng `;ti;.. Denton County. Segment 3A Completed in 2019. My :`'; °;.;''. :..:.::::::::change:orders,and submittals :: :•_:' ;:: responsibilities were to assist in the construction of Segment 2 t Assists estimators and engineers of 4 Segments the roadway, flatworks, MSE Walls, bridges, :;;,;with:Quantities uitofrpducEions:;;::::::• drainage, ITS, and signs of this$1.6 billion NTE 1-35 W project ::�'.�•;durin9.the. ursuit.of.worl�.� ':::; �`: ti::: P. rebuild 10 miles in Fort Worth from north of 1-30 to US 81/287. Construction began in 2013 part of the. North Tarrant Express, .:::' :TRAININ• G••"• §.TRATIONS/;';:: :;: :: ;:;' this project will double the existing capacity by reconstructing the current infrastructure adding four toll TEXpress Lanes, �CERTIF(CATIONS:.� -i'a:r:'•:`:::::::..::.;:..;:;•, HA30-II—ur;`Safety:::::;:::; : °` auxiliary lanes and some frontage roads. `;::Primaveia P6:..Scheduling SH360 SOUTH TOLL ROAD (Joint-Venture JD Abrams and `7erramodel-,Survey Lane Construction Design-Build),Arlington,Grand Prairie, CPRlFirstAid::;::... ::;'::::: ......:.:.: `.. .. and Mansfield, TX (2015 - 2016) .- Project/Senior Job • `' `'''" ' HCSS:Heavy job,'estimating:,. `.: ;.:,`. Engineer Responsible for erosion maintenance and the t;: Principie Management drainage portion of this$300 million project which will add 9.2 miles of toll lanes and frontage road improvements ....:Contrac#,Management.•:.;:.:° :-:`,:::°:.:.::�° • • - :.Traffic Management' . Revision:8/2023 <.. •_ a.s•.:.:,..:. _,._•.,.:. 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':�'i::':9:• a9:.t.:•7::•� - F=,rev.',T:;._,o'u�.�J�b..,ct4:-�.���.•.3:.+-...,.r.,�.,-....::.a....,.._,...e,:,t,,..__...,. ..x,. •,�..,,, t....:a.ti;:��_,d.,+i5.,,:.r<..r..r,.;.;a�`..:<.:..,_._::.2V.... .:F..-",..•...-..i:5s"...�.:"S,°=S'_....:)'3:..•':',n'�'�_ .a.. ,. • .....v:=:,. , to extend the existing 5H 360 main lanes and frontage roads from just south of 1-20 to US 287.The project includes two toll lanes in each direction from E.Sublett Road/Camp Wisdom Road to East Broad Street and one toll lane in each direction with periodic passing lanes (Super 2 configuration) from East Broad Street to US 287, in addition to frontage road and intersection improvements from E. Sublett Road/Camp Wisdom Road to US 287, I.35E MANAGED LANES(AGL Joint-Venture Archer Western,Granite,and Lane Construction), Dallas and Denton Counties, TX(2013 -2016) -Job Engineer This$1.2 billion design-build project consists of 28-mile reconstruction of IH-35E in Dallas& Denton Counties.This section of IH-35E made Texas' list of 100 most congested roadways. The project will add two reversible managed lanes,general purpose lanes, bridge and wall structures, drainage and pavement improvements. Julie was responsible for creating contracts for all suppliers, designers, and subcontractors associated with precast plant/retaining walls. She was the wall engineer for the entire corridor. Julie was also part of the Aesthetic Task Force that discussed the aesthetics of all structural elements of the projects. She coordinated with cities regarding additional aesthetic upgrades. Julie was then assigned to an area as wall engineer, responsible for the south end of the corridor. She tracked quantities; managed shop drawings (design)for soil nail, MSE retainage,temporary wire walls, and as-builts; coordinated with subcontractors and suppliers; scheduled for wall items; managed/ forecasted cost; and coordinated meetings with local cities. THE LANE CONSTRUCTION CORPORATION,Justin,TX (2010-2013) -Job Engineer Worked on multiple projects at Lane's Texas plant operations in Justin,TX. PARKER COUNTY SH 199, Springtown, TX(712012-9/2013) -Job Engineer This$6 million overlay project consisted of paving 9 miles with 60,000 tons hot mix asphalt.Additional project elementsincluded installing MBGF,performing flexible pavement repair,and installing signage, traffic signals, and pavement markings. Julie forecasted job costs and prepared daily cost reports, ordered materials and tracked quantities, performed field studies/measurements,and handled change orders. The project had approximately 600 signs that needed placement. Design flaws with the signs prevented placement in accordance with the original installation schedule. Julie communicated routinely with the subcontractor to fix the design flaws and reworked the schedule so that the signs were installed without impacting the overall project schedule. Kiewit Texas Construction LP, Fort Worth, TX(5/2004-10/2009)-Engineer Julie's responsibilities at Kiewit included: Estimator: Estimated projects from design/build to bid build ranging from$1 million to$100 of millions with variety of owners from private, USACE, and state DOT. Review plans and specifications. Perform take-offs. Be knowledgeable of company's estimating system. Perform closeout procedures. Record the Documentation for company records. Surveyor: Performed basic survey field activities. Knowledgeable of basic surveyor methods, equipment, software, and procedures. Office Engineer/Structures Field Engineer: A $85 million design/build project Coors 1-40 in Albuquerque, New Mexico performed calculations, developed and implemented quantity book for bridge structures, purchasing and tracking of all the structures' materials, created and implemented subcontracts for structures'operations,managed concrete subcontractors, coordinated and scheduled all concrete pours. Submitted submittals to owner, reviewed shop drawings, worked with designers, performed daily field inspections, performed daily safety and quality reporting, and training craft personnel, created trend charts for tracking, update daily cost and labor distribution reports, and reviewed time cards for accurate quantities. Revision:8/2015 'U ._: ..n..v ` _ •,.. R. ,. :.. ." .. .......w. CA a. 5...... .:.1x,• J••. :;'.r,•'v1`ry::' - .. ..... ,: .... ....s...11 .. _- v v .,... ..... ._.. ....•.._ ...,.. ....A.......:... +., S.,,.1 ..th;:_...:\.�..:.:. .. .,^ :r:1;:�^:i:T:S:Y:Y+i`i-��. n, .. .a, _hn. t. t..: •'-' ._. ..:. ... ..:!-.... a .. ..�v F.,.G.__ ., - ::h.Y'....s+.t:Y k7' .. .,•e _,.. .,.,.t'd' .... _.. _ ., _,... ....... ..... ... �t=: x;�•.t.:. .. .._,., r.:._`.t ..r ,-n._.', .... ;•.-x<... ;t'c'�t k__4 t �3Fia f. Y ...... ......:.....•.^_:=�:..: L?ice :"' '�^`+_ -c, y.i , r_.,, .. ... . .. 4 .k_.s r .. „�:.y.:":....:r.>.... s-�r�:��.. tx r,2..:.rr..:;:,�.,.. zat n x',. :^l.. <S. .%. .S., ^1t. a b:•f.. wy n'.. ..:C' .a: Z`:. ..}n- - _ -.z'C...'.� ✓n _..,:•.=`:?.:_..y::.-:.:9�irt•`:..,.^.:.::.,"• :.8r"", ^flit `,, ..C.:'.S_ r,�•.�,_...��-.."...n.r._•:ek_.-_-��".:,,.:,,-'�u:'.��✓�i.-�s.,...a.--.-r=¢-. -_....c:�_4, u;,:::�1:;::.:.,.:...,.r�,:a......_.....:.,,.r<:o-=�>...,:=w? J.c_ 3.... JMNSOMMar DBE Coordinator: updated company database. Prebid activities from solicitation to potential DBE in geographical locations per project. Receiving information and answering questions from subcontractors and suppliers. Receiving documentation from estimators about DBEs. Creating outreach programs to get interest. Knowledgeable of the laws, regulations, and policies governing the DBEs. Business Development Specialist:Gathered information about past and present projects. Prepared proposals. Compliance during the pre-bid process. Kept records for audit purposes. Marketing:Attended different events to match with potential DBEs, subcontractors and suppliers. Projects at Kiewit included: I-40!COORS DESIGN-BUILD INTERCHANGE, NEW MEXICO DOT, Albuquerque, NM(12/2004 -10/2006) -Structures Field Engineer This $90M project reconstructed one of the most heavily traveled interchanges in New Mexico. The newly designed interchange is capable of accommodating the current 165,000 vehicles per day(VPD), which far surpasses the original design of 55,000 VPD. The project scope included the interchange reconstruction, 8 new bridges, pedestrian and bicycle paths, retaining wall and noise structures, utility relocations, drainage improvements, signage and lighting. Traffic was maintained during construction by dividing the work into 5 phases. Many of the structures were built outside,the existing travel lanes to keep traffic moving in existing patterns and reduce impacts.Traffic was detoured onto these new structures so the old structures could be removed and replaced. The project's aggressive schedule combined with partnering and innovation allowed the project to be completed in just 18 months.Julie served as the Structures Field Engineer.Julie assisted with:daily field activities including inspections; scheduling & managing of the concrete pour subcontractors; developing and executing project schedule and forecasting; working with designers to ensure design plans reflected field conditions; purchasing and tracking all the structures' materials, creating and executing subcontracts for the structures' operations; and training craft personnel. Julie took on additional responsibilities above her normal responsibilities when two of the Job Engineers departed the project.The additional duties included forecasting and managing job costs. Although this was a challenge for Julie, she successfully helped the project stay within budget and on schedule. 1-10 DESIGN-BUILD EMERGENCY BRIDGE REPAIR, FLORIDA DOT, Pensacola, FL(9/2004 -10/2004)-Engineer Hurricane Ivan tore apart nearly a quarter mile of the two-lane double span 1-10 concrete bridge spanning Escambia Bay.This$33.7 design-build project repaired 46 eastbound concrete sections and nearly 28 westbound sections.The westbound span opened to two-way traffic in just 17 days(7 days ahead of schedule) and the eastbound span opened 26 days ahead of the original 90 day schedule. Since this was an emergency repair project after a natural disaster,Julie and the rest of the team were quickly deployed to begin the repairs. Julie was assigned as an Engineer and was responsible with performing surveying,which she had no previous training or experience in. She quickly taught herself the necessary surveying skills and became familiar with the operations of the surveying equipment. She was able to complete the survey work on time to keep the project on schedule. Julie also assisted with repositioning the bridge spans.. Becon Construction Company, Inc., Ackerman, MS(09/2000-10/2000) -Pipefitter Helper Reviewed safety and quality program. Reviewed plans(isometrics) and specifications. Coordinated with rigging foreman to have a lift plan. Ordered and obtained the materials and equipment. The Shaw Group, Inc., Norco, LA(08/1999-1111999) -Pipefitter Assisted with inspections of pipe lines. Assisted reviewing process system packages for punch list items that needed to be completed. Trained helpers in fabrication and connection to equipment. Worked with welders connecting pipe spools and fittings. Performed pipeline testing by water,and air. Revision:8/2023 -JL > .,.•t 7.�. _ �:�:risii'^ ..ta•:�•:,....,;a.=.`:.`:�-:F`' ;:i:: .c" :'�C"+ .� - _..G..'n:•_ rYr-.-u_,.w`' ,)7.r. '�C•S-w. ':.�,..n x?.'^+n;e; v:v1•. �'y tifny'j.: .�i..' --7 . ...;. ..ate._.-_- ,. ,�. _ .i: S Liicv:�:'a:SY<. ...{.:x4::^:c::N:.._ xl%�-�..ti.. _- ,.1,.. -;:i,iiu`v��--^V`itiy�vvfv`r.,:''iv^•::::'._=��::•. -+�i e<+$ - .� . w'A.. _ 5 �y�. v:%AJ. 1.2�W::.. �. _rs va4 - ems•. ..,<'v.q..,. 2 .sr r :,....C:•c :a:.-".:..1,4°.�-wYny w.Yv^:v:•. . ..,�s. -.>.,r.:sMR .�'..�,:v:.v.. tiSl C:.. T.:�,;...,.+.+y �S _ ccr Y.cuY Y7.. S:.".:Y 1' ::>y.i 1 m M.>�'�.. .-P3:_ .:i.z� r.-,_��y _. `� r-, -t w..-..,.tom. :1r. ..s._ '��:: - ^ya?a� :ems - :tt: ..3r _..:�. �•. : n� ,.aa...��y:�,tts�:�,`� 7% �[-I,�`� -.'N�,; .,:s::� %:ass..-G �. .:•T• f,. Sl. -.�'.h�, •-o�rl:a-�":�-v.'r' :.aim ""'?. ,`0•t:....-'S��"� :tea-':••< n.S^e!M.; •" �.��•" tom,... _:.r,.:`-n:?_v._n. lisl.,.x%:'.._�-::.1..::�::`'._::c>!J:::yi:::•m �i;:.�`''=iva''``E::.v}Je:.-.:'"�-'i::L,RJ_A1u��y?wN'- C. 1..._v-u r..:2n•In-.. .. � ...v... h. .. u...0 n..b.sn ,... a ..--... ,.:.i....r...Cs :.i ..t::.R::yx•;:�•.,X'>v.�^u:.�•r.w•.v..:w:••:is"`:w':v i^'.:.. .._.yt M1a.�. S&B Engineers and Constructors, Ltd., Geismar, LA(05/1999-08/1999)-Pipefitter Helper Assisted ..:w_ with piping operations. Reviewed safety and quality plan. Ordered materials for piping operations. Reviewed plans and specifications.Assisted with reporting of field operations. Spartan Energy Group,Geismar, LA(03/1999-05/1999) -PlpefitterHelper Handled all the field procurement. Coordinated all field orders of materials. Checked invoices of field materials. Checked for any defects and correct material and quantity ordered. Fluor Corporation, Taft, LA(05/1998-1.011998)-PipeflfterHelper Assisted with daily piping operations. Reviewed safety and quality plan. Ordered materials for piping operations. Reviewed plans and specifications. Assisted with process packages preparations. Checked pipelines to correct punch list items. Rust Constructors Inc.,Wando, SC(0411996-0411997) -Pipefitter Helper/Ironworker Helper Assisted in connecting structural steelto structures. Assisted by gathering materials and tools. Worked In elevated areas. Trained in stick welding for structural steel. Assisted in connecting pipe lines to equipment. Reviewed plans and specifications to review pipe lines for completion of process systems. Rust Constructors Inc., Mansfield, LA(10/1995.12/1995)-Electrical Helper Assisted in their daily activities by following safety and quality plan, obtaining materials and tools, connecting conduit, installing wire into conduit and terminating the systems. Proper documentation of systems for completion. • • Revision:8/2023 JONATHAN WHITE jon.white@kniferiver.com EXPERIENCE SEP 2011—PRESENT ESTIMATOR/PROJECT MANAGER, KNIFE RIVER CORP.—SOUTH (BRYAN,TX) AUG 2008--JAN 2009 IINTERN, KEY CONSTRUCTION (FORT WORTH,TX) EDUCATION AUGUST 2009 CONSTRUCTION SCIENCE,TEXAS A&M UNIVERSITY • CERTIFICATIONS/TECHNICAL SKILLS • OSHA 30 hour • Primavera P6 • TEEX Train the Trainer/Flagging/Traffic Control • TxDOT SW3P Courses PROJECTS , TxDOT Bastrop Area Office—Diane Schulze,P.E.—(512)308-4468 • Milam CR 405(Roger,TX), Bridge Construction, BR 2010(948),$461,057.03,Completed:2013 • Lee FM 448(Giddings,TX),Road Widening,STP 1502(595),$3,138,496, Completed:2017 • Lee US 77(Lincoln,TX), HMAC Overlay,SIP 2016(874),$876,077.44,Completed:2016 Brenham Area Office—Mark Shafer,P.E.—(979)836-9359 • Grimes SH 30(Carlos,TX),Overpass Construction,STP 1402(194),$5,718,784,Currently Active • Burleson FM 60(Snook,TX),HMAC Mill&Inlay,STP 2016(877),$2,005,363,22,Completed:2016 Bryan Area Office—Ashley Hill,P.E.—(979)778-6233 • Brazos FM 60 Northgate(College Station,TX),Road Widening and Pedestrian Improvements,NH 1102(429),$3,705,343,Completed:2012 • Brazos FM 60 Park Hudson(College Station,TX),STP 2004(74),$7,633,962,Completed:2015 • Brazos FM 60—Wellborn Rd.to SH 47 (College Station,TX),HMAC Mill&Inlay,NH 2015(705), $1,565,192.94,Completed:2016 • Brazos FM 60—SH 6 to Tarrow(College Station,TX),HMAC Mill&Inlay, NH 1502(140), $1,327,052.00,Completed:2016 • Brazos FM 60—Tarrow to Texas Ave.(College Station,TX),Median Construction and Mill/Inlay, NH 1502(527),$989,616.60,Completed:2016 • Brazos SH 30,ETC.(College Station,TX), HMAC Mill&Inlay with Pedestrian Improvements,STP 2017(759),$1,679,419.00,Completed:2017 • Brazos FM 2818 at FM 1179(Bryan,TX),Overpass Construction,STP 1102(237)SB,$14,146,816, Completed:2015 • Brazos FM 60 DDI(College Station,TX),Intersection Improvement and Bridge Widening, NH 1602(416),$13,863,443.80,Currently Active • Various HMAC Mill& Inlay Contracts Huntsville Area Office—Vacant,P.E.—(936)295-3462 • Madison US 190 RMC(North Zulch,TX),HMAC Overlay,RMC-625917001,$1,149,045.67, Completed:2014 • Madison US 190(Madisonville,TX),HMAC Overlay and Pedestrian Improvements,NH 2016(577), ETC.,$2,150,935.10,Completed:2017 • Walker US 190(Huntsville,TX),HMAC Mill&Inlay, NH 1702(083),$862,850.00,Completed: 2018 • Madison US 190 RMC(Midway,TX),HMAC Overlay and Safety Improvements,RMC- 632217001,$1,063,526.99,Currently Active Municipal City of Bryan Maintenance—Robert Willis—(979)549-7169 • 2015 Sealcoat Maintenance(Bryan,TX),$625,715,Completed:2015 • 2018 Sealcoat Maintenance(Bryan,TX),$920,643.80,Currently Active Brazos County,Road&Bridge—Gary Arnold—(979)436-2716 • Mesa Verde Drive(College Station,TX),$1,096,445.20,Completed:2018 • Various HMAC Overlay Contracts Misc. Projects • Texas A&M TTI,Ride Test Track Overlay,$51,500, Completed:2015 • Texas A&M University-Vet School Project(College Station,TX),Sitework,$3,275,999.00, Completed:2017 • Various HMAC Overlay Contracts for the City of College Station,TX • Mariott,Residence inn and Fairfield Inn at The Colony(Dallas,TX) 2 CHARLES A. BOTKIN 412 Nolan Street,Navasota,TX,77868 :: 936-825-4940 :: cabotkin@yahoo.com SUMMARY Excellent interpersonal,communication,and organizational skills;proven ability to simultaneously handle a variety of challenges and responsibilities;able to establish priorities,act as a team player,and proceed with objectives with minimal guidance;competent with computer applications;results-oriented,quality-focused, with an eye for details EXPERIENCE Knife River South—Bryan,TX General Superintendent(Aug.2017-present) • Oversee all aspects of constructions projects. • • Work with project management to ensure jobs are on time and budget. • Work closely with owners and stakeholders on projects • Same duties as listed below Project Superintendent(June 2016-Aug.2017) • Supervised onsite work crews • Scheduled and supervised subcontractors as well as 20+company employees ■ Managed the upkeep and use of company equipment • Oversaw multi-million-dollar jobs throughout Central Texas • Interpret project plans and specifications • Electronically recorded employees time • Complied with all Hunter Industries and OSHA safety regulations • Ensure projects are on and/or under budget • Partner with TXDOT personnel on all projects • Hired Hunter Industries employees • Calculated and ordered all materials i.e.,lime,cement,base,asphalt,etc.) Project Summary ■ SH 3D Grimes Co.^'$6 Million-Washington Co.Area Office 979-836-9359 • FM 60 Brazos Co.-$12.5 Million-Bryan Area Office 979-778-6233 Hunter Industries—San Marcos,TX General Superintendent(Jan.2013—June 2016) • Overseeing multiple multi-million-dollar projects in South East Texas • Direct daily communication with Project Superintendents and Project Manager • Work with engineers to identify and resolve all issues that arise • Interpret project plans and specifications • Managing 2 Project,Superintendents and 6 concrete foremen • Schedule and supervise subcontractor progress on job sites • Follow and comply with ail Hunter industries and OSHA safety regulations • Partner with TXDOT personnel on all projects • Ensure projects are on and/or under budget • Oversee that all projects are completed on or before deadlines Project Summary • US 59 Victoria Co.16 Million Victoria Area Office 361-573-9251 • US 59 Victoria Co.12 Million Victoria Area Office • Loop 463 Victoria Co.12 Million Victoria Area Office Confidential r Project Superintendent(Aug.2004—Jan.2013) • Supervised onsite work crews ■ Scheduled and supervised subcontractors as well as 20+company employees • Managed the upkeep and use of company equipment • Oversaw multi-million-dollar jobs throughout Central Texas • Interpret project plans and specifications • Electronically recorded employees time = Complied with all Hunter Industries and OSHA safety regulations • Ensure projects are on and/or under budget • Partner with TXDOT personnel on all projects • Hired Hunter Industries employees • Calculated and ordered all materials(i.e.,lime,cement,base,asphalt,etc.) Project Summary • US 290 Bastrop Co.—$12 Million Bastrop Area Office 512-308-4458 • FM 969 Bastrop Co. —$7 Million Bastrop Area Office • US 79 Williamson Co.-$20 Million Williamson Co.Pass-Through Finance 512-930-5402 • 1-35 Williamson Co.-$18 Million Williamson Co.Pass-Through Finance • US 59 Victoria Co.-$40 million Victoria Co.Victoria Area Office 361-573-9251 Finish Motor Grader Operator(Feb.1998—Aug.2004) ■ Supervised equipment operators and water crew ■ Completed all subgrade and base to plan grades • Complied with all Hunter Industries and OSHA safety regulations Young Contractors—Bryan,TX Motor Grader Operator(Nov.1993—Feb.1998) • Constructed subgrade • Applied lime and/or cement stabilization to grade • Applied limestone base to grade • Operated CMI'RS 650,bulldozers,scrappers,and rollers • Fiat work foreman overseeing sidewalk and driveway crews • Calculated and ordered concrete for projects • Formed concrete Texas Department of Criminal Justice—Navasota,TX Correctional Officer 111(June 1982—Nov.1993) = Oversaw security and supervision for agriculture tractor inmates = Supervised security for field labor force • Managed the planting and harvesting of field crops • Ensured all safety regulations were complied with Confidential RICHARD (ROB B/E) ROBERTS QUALITY ASSURANCE/QUALITY CONTROL MANAGER PROFESSIONAL EXPERIENCE Mr.Roberts is currently the QA/QC manager for both Bryan and Waco Knife River asphalt plants. He works close with the state and city personal performing numerous tests to ensure quality control.His • responsibilities are to oversee QA/QC staff and procedures. EXPERIENCE 1• Worked 22 years at TXDOT Bryan District laboratory. Geo Technical,HMAC,Concrete, Pavement design,Seal Coating, Worked 9 years for Big Creek Construction.Heavy Civil construction company.Quality Control Manager for five HMAC plants. H MAC design and QC operations for three aggregate quarries. Worked 5 years for Knife River.Heavy Civil construction company.Regional QC Manager for HMAC, Concrete and aggregate-production in Central Texas, Gratifications Texas Department of transportation level 1A-E Plant Mix Specialist#0048 expiration date 04-15-2020. Texas Department of transportation level 2 Mix Design Specialist#117 expiration date 09-07-2020. L\1111 A•HMAC Training ft Certification THE HOT MIX ASPHALT CENTER CERTIFIES THAT Richard M. Level 1A-E Plant Mix Specialist#0048 Has successfully completed the minimum requirements for the certification level noted above. The rights and responsibilities of this certification must be upheld to remain valid. Tex-200-F(Parts I and II),Tex-204-F(VMA),Tex 206-F(Part I),Tex-207-F(Parts!,VI,and VIII),Tex 212-F(Part 11),Tex-221-F, Tex-222-F,Tex 225-F(Part I),Tex-226,Tex-227-F,Tex-233-F,Tex-235-F,Tex 236-F(Part I),Tex-241-F,Tex-242 F,Tex-245-F, Tex 251-F,Tex-500-C(Parts I, II,III &IX),Tex-530-C • Texas Valid: :2019/04115 -2020/04/15 Departme ,t of Transportation HMAC Manager -p HMAC Training tr Certification THE HOT MIX ASPHALT CENTER CERTIFIES THAT Richard M. Level 2 Mix Design Specialist#117 Has successfully completed the minimum requirements for the certification level noted above. The rights and responsibilities of this certification must be upheld to remain valid. Tex-204-F,Tex-205-F,Tex-236-F(Part II) (.> Valid: 09/07/2017 -09/07/2020 went of Transportation HMAC Manager :. ....... ... . ,.Date: Employee��lame� --- _ -;;;;:•.Job'Title<=.. - ••- • •_•• •..,••• ,•••:;PaySt., a,. ACEVEDO,ALFREDO A FRONT END LOADER 07/27/00 ADAMS,TERRY T CONCRETE FINISHER(PAVING) 12/13/21 ALVARADO SASTRE,DELIO FORM SETTER(PAVING&CURB) 05/18/22 ALVARADO,VENANCIO LOADER OPERATOR 06/24/16 ANTHENS,JACOB A ROLLER(NONASPHALT) 02/23/22 • i BARRETO LOZADA,JOSE LOADER OPERATOR 06/01/20 BARRETO,SANTIAGO I. BLADE/MOTORGRADER 10/11/99 BARRETO-LOZADA,ALEJANDRO BACKHOE/LOADER(OVER 3/4YD) 01/08/15 BOTKIN,CHARLES A GENERAL SUPERINTENDENT 06/13/16 BURCHETT,JAKE B PROJECT MANAGER 08/13/18 BYRD,CARLOS G LOADER OPERATOR 04/04/22 CARLOS,REYNALDO ASPHALT PAVING MACHINE OPERATO 08/22/05 CASTANEDA,MARCOS WATER TRUCK 04/29/20 CORNEJO VILLEDA,J SOCORRO ASPHALT RAKER 08/04/08 DANIELS,LEON SCREEDMAN 08/09/74 DAVENPORT II,STEVEN L BLADE/MOTORGRADER-FINISH 04/20/17 DODGEN,SHANNON CONTRACT ADMINISTRATOR 03/15/10 GAMBOA RICO,LUIS CARPENTER 06/28/12 GARCIA-ZAPATA,JESUS CONCRETE FINISHER 03/18/15 GOMEZ,HUMBERTO CARPENTER 10/31/13 GOMEZ-RODRIGUEZ,ALEX CONCRETE FINISHER 03/21/22 GONZALES JR.,ANTONIO GARCIA DISTRIBUTOR OPERATOR 04/19/99 GONZALEZ RODRIGUEZ,ABRAHAM FORM SETTER(PAVING&CURB) 05/11/22 GONZALEZ,EDUARDO J LABORER(COMMON) 06/25/21 GONZALEZ,JAIME GONZALEZ ASPHALT PAVING MACHINE OPERATO 07/26/00 GONZALEZ,RICARDO ROLLER(NONASPHALT) 04/22/22 • GRANADOS PANTOJA,CARLOS PIPELAYER 02/11/19 GRANADOS,JOSE J LABORER(COMMON) 05/23/22 GRIMES,HUNTER D SURVEYOR-PARTY CHIEF 02/13/19 GUILLEN CASTILLO,JOSE L CONCRETE FINISHER(PAVING) 11/20/20 HALL, ERIC R BLADE/MOTORGRADER-FINISH 07/29/20 HARDGE,CHARLES W ROLLER(NONASPHALT) 09/08/21 HERNANDEZ HERRERA,JOSE BLADE/MOTORGRADER-FINISH 07/01/19 HERNANDEZ,CESAR G CONCRETE FINISHER 12/16/16 HIRSCH,CLAY W BULLDOZER 02/17/22 KENNEDY,DAVID S LOADER OPERATOR 06/11/19 KILLINGSWORTH,CHARLEST SUPERINTENDENT 10/11/21 LARA DIAZ,JAIME SCREEDMAN 01/12/09 LICEA-GONZALEZ,JOSE F LOADER OPERATOR 06/23/15 LOPEZ-CAMPOS,JOSE CONCRETE FINISHER(PAVING) 03/14/18 LUVIANO-VASQUEZ,PABLO ASPHALT RAKER 01/29/15 MARTIN,JAY S CONSTRUCTION MANAGER 05/12/14 MARTINEZJR,GILBERT EXCAVATOR 20K-80K LBS 04/26/22 MCLEAN,ADONIA L WATER TRUCK • 12/07/21 MENDOZA BENITEZ,ANGELA LOADER OPERATOR 03/23/22 MENDOZA-BAUTISTA,VICTOR 0 ASPHALT FOREMAN 08/07/15 3 MERAZ,JESUS CONSTRUCTION FOREMAN '04/06/22 MITCHELL,LONNIE E ESTIMATOR 08/11/17 MONTANEZ,JOSE L CONCRETE FINISHER 05/13/10 - MORENO,JOSE A CONCRETE FINISHER 04/10/17 NAVARRO,AURELIO R CONCRETE FINISHER 02/07/12 NAVARRO,EUSTACIO CONCRETE FINISHER(PAVING) 02/21/20 OCAMPO,RENE MIXER 10/29/21 OWEN,JASON LEE SURVEY MANAGER 06/16/08 OWENS,JERRY D SUPERINTENDENT 05/30/19 PANTOJA,SALVADOR CONCRETE FINISHER 04/27/15 PEDROZA,MIGUEL A ICONCRETE FINISHER FOREMAN 10/15/87 PINEDA,MARTIN LOADER OPERATOR 03/13/19 RAMIREZ CARLOS,ORLANDO BULLDOZER 07/26/21 ROBLES,JULIAN G FOREMAN 02/16/99 SADHWANI,RAHULJ LABORER(COMMON) 05/19/22 SANCHEZ SALAS,J-GUADALUPE CONCRETE FINISHER FOREMAN 08/06/01 SERRANO,JOSE N CONCRETE FINISHER 05/12/22 SOLIS,MARCO LABORER(COMMON) 04/29/22 TAMARIZ ALVARADO,JUAN C CONCRETE FINISHER 05/13/22 TAYLOR,GARY L SUPERINTENDENT 10/20/16 TAYLOR,TRAY N BLADE/MOTORGRADER-FINISH 02/18/22 TIERRAFRIA,ADRIAN J LABORER(COMMON) 04/12/22 TRISTAN RODRIGUEZ,JOSE F GRP 3 EXCAVATOR 80K-130K LBS 10/12/21 UMANZOR,ANDRES SUPERINTENDENT 03/14/22 WHITE,JONATHAN M ESTIMATOR/PROJECT MANAGER 09/19/11 WILLIAMS,CODY G SUPERINTENDENT 08/08/19 ZAPATA,JOSE M CONCRETE FINISHER(PAVING) 01/29/19 ZUNIGA,LEODAN A • CONCRETE FINISHER 04/11/22 { 1 il I t 1, OUttentWorielchodule - a, List molar construction projects yourorganlzation has In-progress using the format below: I NAME LOCATION CONTRACT$ $LEFTTOPERFORM 51C0MPLE70 SCIIEDULEMET 3 050601-10S Brazos FM60/2816 $ 13,863,443.00 $ 4I,400,00 99.97% YES je 0398.01-052 6rlmes5H105 $ 6522,301.00 $ 164,399.75 98.19% YES • !j 0475-03-064 Madison/05B $ 15,930,59750 $ - 09.78% YES 6 0050-03.100 Grimes5H 60Veday $ 5,798,12550 $ 26,302,85 99.99% YES 0049.12.105 Brazes 511 6 $ 1,471,134.00 $ 16,347.96 96A134 YES 1145.02.022 Leon FM811 $ 9,549,192.00 $ 94,326.18 99.69% V$S 2399-01-074 Maus FM 2818 $ 45,154,545A5 $ 33,002,086.03 31.52% YES is 0334413021 ice FM 596 $ Z107,752.00 $ 642,662.91 02.07% YFS { 0540.08.008 Brazos51140 $ 2,611,5131.83 1 2,099,282.05 2135% YES sJJ j4 OLEYL ENGINEERING Walker County Precinct 1 $ 769,706.29 $ - 769,708.29 0.36% YES BLEYLFNGINEEIIING Walker CountVPmcioct2 $ 700,010.14 $ 700,01014 0.50% YES II 63135.57401 v Madison FM 1452 $ 320,869.85 $ 260,757.65 17.71% YES f! 6385.56.001 MRam FM485 $ 909.280A0 $ 211,139.5n 681rn% YES 31 0205.02.067 Robertson U579 $ 734,212.86 $ 734,212.137 0.77% YES �1 6394-30-001 8rotosFM1179 $ 1,299.94694 $ 1,7.99,94694 0.00% YES ! 6395324101 Washington FM 2502• $ 234,239.00 $ 69,533.43 8258% 3E5 I! b. Total nEmber and dollar nMount1f contcarts currently In prsgesr: 3 . 7 . Number: 16.00 $ $ 108,051,036.76 e, Largest single contract'amounlcurrentlyInpfogfess: : PtoJectName: 0razosFM2816 4 1 ! Proled Completion bale: August2023 Dollar Ammon $ 45,254,645.45 ! 1 i . 1• • 1 1 II. Past Record a, LIst ataior construetion projects of our organization has completed In the last 5 yearS i that have similar work to Ihework to be completed in this project,will;completion dates and references, NAME LOCATION CONTRACT$ $LEFT TOPERFOnM _ %COMPLETE SCHEDULE MEr ' 0486412.045 AUSTINSHIS9 $ 12,852,51196 $ - 100% YES bt 0212.044133 601ME151130 $ 6,256,23312 $ - 100% YES 11 { 1 t 20151316.01.059 BBAZOS FM1179 $ 2,596,937,36 $ • 100% YES I 011741.046 811020551421 $ 2,873,915.57 $ - 200% YES 1 05400601E ROBERTSON FM1373 $ 1,155,131.31 $ 100% YES 050601103 ORA201 FM 60TAR00W . $ 1,397,776.82 3 - 0117-05.048 MADISON SR 21 $ 3,212,55233 $ - 100% ' YES 0116.04101 BRAZOS SR 2100550VERS $ 2,187,123.11 $ - 100% YES 0506.01,098 BBAZOSFM 60TEIIAS $ •- 1,436,01052 $ 100% YES ( 0334-06026 LEE FM 449 $ 2,.871,09156 $ - 100% YES 1 2016 0618.03-066 BURLE20N FM CO SNOOK $ 2,007,21956 $ - 100% YES ! 1� 0117.04441 MADI50N 1.15190 $ 2,346,68E92 $ - 100 YES 5441 0506.04.022 BURIESON FM 2155 13III06ES -$ B93,52 $ 100% V65 0204.06-05S MILAM U579 $ 1,975,305.89 $ - 100% YES 0540.04.072 0115205 6M2154 $ 2,056,09932 $ - 100% YES - 2017244641-026 BRAZ055H30&FM GO $ 1,999,687.27 $ - 100% YES 2017-301 MESA WADE ORIVE $ 1,179,2130.13 $ - 100% YES 20186322-17.001 MADISON SH2IRMC $ 1,188,236.85 $ - •100% YES 1 4r ACETOWNHOMES ACETOWN1tOMESUBDN1561N 9 927,079.00 $ - 100:5 YES 1 I 6332.10001 BRAZOS 85-ER TEXAS AVE $ 2.011581.02 $ IG0% •YES 17.0742 GOODSON BEND ROAD Flat $ 3,084,30044 $ - 100% YES 1 I b. Volume of work completed aver lest 5 years: 2018 $ 01,665,556.00 2017 $ 56,975,655.00 2016 • $ 67,0139,225.00 I 2015 $ 52,8E0,794.00 2014 $ 95,830,039.00 I I 1 I i s r 1 ,1 • 'I N i - . • . EMMY wonKscHrouts MET START DATE PAOJEito COMPLETION DATE OWNER CONTACT AND PHONE PROJECTSTAPP YES JANUARY 2017 MARCH 2020 TOOT Bryan-(979177841054;hrrtes ROMA;P.E. Ion Whito;Waled MI1190* YES SEPTEMBER 1017 AUGUST 287.0 TUDOT'Ryan-(979)778•8034;Jamas Rabb1Ds P.E. Jay MazUoi Construction N YES FESIWARY 2015 IANUARY2021 TxDOTHunts001a-(9361 295-7491;DoLnylleyos P.E. Ion White;Prolacl Manaaa YES JUNE 2019 MARE(12320 TaDOT Bryan-(97 9)77E41034:)amas Bobbins P-E. Jake PurchettgroJart Ma!: YES . F EbRUMW 2070 A14012020 TM)0711;yart-1370)7764054;James Robbins P.E. /aka DURIPIU)?Mod A1.1 YES MAROi 2020 JUNE2021 UMW HantsvEk.(336)295-7492;Delray Royal P.E. !on WhIlo;Projact M arra V YES IA54UARY2021 AUGUST 2023 l'a•DOT Brian.(5)5)77REO4.3 James RoW4ro p.E. lonVfitHe;Project Manses lY2 MAY 2021 AP 0 CTOSE112021 RIL 7.022 DECEMBER 2022 lkDOTBastrop-(512)321-210E;II liaa Schulze RE. 1)(DOT Wan-19791 7784E134;palmy Awes P,E. lake Bulchell;ProlectM or Jake Eurcholl;Peolkt mar - YEI. AP1111.2022 AUGUST2022 IlIty1 Eogfnoorlog-1936)441-7833;Ionia.Grcen P.E. loll WI0b4 Proffitt Manage YES APAIL2022 AUGUST2022 • !Hoy)Engtaoorlog-(936)441-7833;JonnY Gran P.E. Jon WhItel Project MUIZHII YES DECEMBER2021. MAY2022 7470T Ewan-(379)77840SO Defray Boos RE. lake Mahon;Posrecthlor YES ,DECEMBER 2021 APA11.2022 TOOT Bryan-14791/7841054;Ede Dennatt RE. lake Burchati;Puled Mar YES MAY2022 JULY MU TOOT Bryan-(979)778-8054;lames HoWslasP.E. Ja0 WM.:Project(Annum YES APIUL 2022 MAY 2020 TOOT Bryon-(973)778-80.44James Robhtni P.E. Jake(Ruction;Naiad Mat - YDS MAW-120U , AP311.2922 TxDOTBrAn-(373)773.8054;Eticliennott RE. lake Eurchot Project Mac • • • • N. f r . ' . • PROJECEO comPiettou RAW OWNER coNTACIANR PHONE APRIL 7018 1200 rftraloun•DO 793'1300 . • SEPTF.MBER 2038 710301Brantrant-(979)836.9359 • SWIEMBER 2016 uppr prina-(973)778.8054 NOVEMBER 2013 rAoor Ewan-(979)773-13054 SEPTEMBER 2016 7)(1.10TBnian•079)776-8054 - AUGUST 2015 TA)011infon-(979)770.8051 OCTOBER 7016 TA OT H011[14124335)295.7491 . DECEMI1E6 7-312 TpOr Ryan-(979)77841034 ... NoVEMBER 3DM 'roar arvair(pis)778-8034 JUNE 2011 OttoTeasunp•(617)3214195 OECEMBER 2018 **DOT bronharn-(979)836-5359 UNWARY 2018 WET(HurdsvE1e4936)05;7491 MARCH2018 TANA gictdoin•WA 03603359 • °MOOSE 2317 'ROOT Mihni-(259)697.6673 SEPTEMBER 2811 TADOT Myatt.(979)TIMID% - • NOVEMBER MI -roar swan-(01s)ne-aos4 tioVannuou Muss County Road&Badge-(0731 821-2127 • JUNE 2013 1100TH1803,411e-(936)255.7401 _ . OCTOBER Ma Crescent panto,LTO-(979)7314699 AUGUR 2aiR undf limn-(97R)77841054 FEBRUARY 2013 Brazos Coma..Road&BrEdEa.(9'79)822.2127 • ' • ; ' ••• . . PROJECT.LIST . . • . . , 1. City of College Station;2006-2011 Hot Mix lnstallationi.Project Amount.$500,000 . . . 2. Texas Department of Transportation, BUS SR'(Texas Ave. Widening),•Brazos*County, STP 2004(390), Project Amount $47,099,795:70 -.3.- Texas Department of Transportation,$H 6,Brazds County,+NH 2O05(606), Project Amount$6;341,040.11 • - -- • • 4. City of College Station,West Park Rehabilitation, Project Amount$3,543,618.00 - • . 6. TAC Realty,First American Plaza&Boulevard,Projedf Amount$4569,448.00 , . . • 6... City ofBryan,Beck Street Extension,ProjectAmount:$7,642,350 . . 7. 'Texas A&M Universi F&B Road'Construction,Project Amount, $3;287,240.00 8. City of College Station,Dartmouth Extension Phase 2,$3,019,477 9. City of Waco,Arrowhead Estates Sewer,$957,052 10.•City of Waco,University Parks Bridge,$1,778,255 . - •. . • • 11. City of College Station,Arrington Road and Decatur Drive Extension,$4,233,235. • • 12. Texas Department of Transportation,SH 6 Ramps,Brazos County,NH 2008(092),$8,150,789,76' 13.'Texas Department o-fTransportation,FM 67,Hili County,STP 2008(847),$3,394,953.00 . 14. Texas Department of Transportation,FM 248,Cass County,STP 2008(805),$3,535,272.00 -- 15.Texas Department of Transportation,SH 6,•McLennan•County, RMC 6210-10-001,$865,659. 16. Texas Department-of Transportation,FM 2818,Brazos County,STP 2008(683)RGS,$20,854,415.32 • 17. Texas Department ofTransportation,RM 963,Burnet county,STP 2010(794)SB,$3,691,226 • • 18. City of Bryan,Park Hudson Streets&Drainage,$644;622- . . 19. City of Bryan,Old Oaks Drainage Improvements,$356,048 . . 20. Texas Department of•Transportation,SH 21; Nacogdoches County,STP 2009(821)HES,$7,259,761 •- 21. City of Waco,Operations Center Complex,$589,649 • 22.'Texas Department df Transportation,.SH 6,Brazos County, NH 2011 (316);$5,113,466 . 23: Texas Department of Transportation, US 79,'Robertson County,NH 2011 (313), $1,056,112 24.'City of Bryan, Bryan &'neck-Street Rehab.,'$3,588,899 • 25. Texas Department of Transportation,SH 36;Austin County, HP 2010(556) ES,$31,436,567 1 • i 26: City of.Bryan,Highpoint Drive,$1,075,461 27. Texas Department of Transportation;US 281:Lampasas County,STP 1102(379) • • • 28. .T.exas Department of Transportation,.FM 1848,Freestone County,RMC:622808001;$2,006,500 • ... _ 29. Grimes County Road Department,CR302&410,$8.74,000 - • 30. Texas Department of Transportation,SH 30,Brazos County,RMC.6240650,gt,$191,000 - 31. Texas Department of Transportation,FM 975,Burleson County, RMC 623954001,$217,444 - 32. Texas Department of Transportation,SH 21, Brazos County, HP•201.1(957),'$8,129,856 33. Texas Department of Transportation,SH 21;Lee County,STP 2011(951)HES,$3,082;11.1 34. Texas Department of Transportation,FM 933, Hill County, STP 2011 (094)HES, $4,037,030 • 35. Texas Department of.Transportation, FM 1480,San Saba county,BR 2012(287),$569,932 . • 36. Texas Department of Transportation,CR 454,Comanche County, BR 2009(503) • 37.Texas Department of Transportation,FM 1237„Bell County,STP 1102(412),$2;094,931 38. Waco Industrial Foundation,Alliance Parlcv�cay,$1,4381000 . 39. Texas Department of Transportation,FM 1704,Bastrop County,STP 1102(153)HES, $6,548,759 40. Texas Department of Transportation,FM 60,Brazos County,MH 1102(429),$3,705,340 • 41. Texas Department of Transportation,SH 6, Brazos County,STP 2012(330),$1,074,251 42. Texas Department of Transportation,BS 64R,Brazos County,NH 2012(558),$1,592,000 ' 43. Texas Department of Transportation,IH 35,Hill County,RMC 624023001,$1,521,358 • -• • 44, Texas Department of Transportation, CS 640, Hill County,BR 2009(143),$603,456 45..texas Department of Transportation,FM 141, Lee County,STP 2013(022)H-ES,$2,211,098 ' 46, Texas Department of Transportation,SH 47,Brazos County,STP 1102(590),$9,775,626 • - 47, Texas Department of Transportation,FM 1179,Brazos County,.STP 2012(562),$4,711,556 48. Texas Department of Transportation;US 7.7, Fayette County,STP 2013(699),$3,046,231 49. Texas Department of Transportation,.SH 30, Grimes County, STP 2013(890),$475,761 : . 2 • • • • • 50..Texas Department of Transportation, FM 696 and..FM•448,Lee County, RMC 624543-001,$1.,029,888 - • 51.'Texas Department of Transportation,FM 148,Kaufman County, BR 2011(084), $9,184,740 - . •• • • 52. Texas Department of Transportation,FM 1641, Kaufman.Cdinty, STP 201.1 (470)ES, $3,172,483 53. Texas Department of Transportation, FM 2818, Brazos County,STP 1-102(237)SB,$14,146,816 • • , 54. Texas Department of Transportation,•FM 60, Brazos County,STP 2004(74),$7,633,962 55..Texas Department of Transportation,SH 36,Austin County,C 187-2-64,$10,802,786 • . 56. Texas Department of Transportation,SH 105, Grimes County, STP 2013(058)SB,$6,821,958 57. Texas Department of Transportation, US 183,Lampasas County,C 272-6-36,$2,626,790 . • " - County,RMC 8245-15-001 $1,950,359s• 58. Texas Department of Transportation,FM 1365, Freestone 59. Texas Department of Transportation, FM 55, Navarro County,STP 2012(753)HES,$3,070,555 • • • 60. Texas Department of Transportation,FM 1451,Freestone County,BR 2012(674),$502,699 61. Texas Department of Transportation,SH 6,McLennan-County, BR 2012(686),$3,659,039 62. Texas Department of Transportation, FM 929,Coryell County, BR 2013(551),$1,085,672 63. Texas Department of Transportation,SH 22,Hill County, STP 2013(467), $6,401,417 64. Texas Department of Transportation,.FM 930,Coryell County, BR 2013(551),$1,026,148 65.'Texas Department of Transportation,CR,Fails County,BR 1102(566)ETC,$704,077. • 66. Texas Department of Transportation, PW,Coryell County,C 909-39-123,$1,385,145 • 67. Texas Department of Transportation,FM 949,Austin County,STP 2013(595)HES,$3,120,993 68. Texas Department of Transportation, SH 36,Washington County,NH 2013(947),53,601,986 - - 69. TexasDepartment of Transportation, US 190, Madison County,RMC—625917001,$1,149,046 70. Texas Department of•Transportation,SH 105, Grimes County, RMC—625849001,$857,038 71. Texas Department of Transportation;US 290,Washington County, NH 20134(339),$1,024,093 • 72. Texas Department of Transportation,SH 6, Brazos County, NH 2014(455);$1,420,898 • • 73. Texas Department of Transportation, US 290, Lee County, NH 2014(516),$3,515,264 • 74. Texas Department of Transportation,SH 6, Brazos County, RMC-626226001,$331,864 • 75, City of Bryan,2015 Sealcoat Maintenance, $825,715 3' • I • • • 76. Texas.Department of Transportation,SH 6, Brazos-County,RMC-0114-08-034,$3311864 . 77. Texas Department of Transportation, US 290,.Fayette County,0114-08-034,$3,140,617- 78.'Texas-A&M Transportation-Institute,Test Track Overlay,Brazos County,$51,500 . •• 79. Texas Department of Transportation,CR 190, Fayette county, BR.2008(550),$404,025. •• 80. Texas Department ofTransportation, SH 105,Washington County,RMC.-62622600'f;$487,931• . .• . . i 81.Texas Department of Transportation,FM 2155, Burleson County,-RMC 627604001,$599,324 • 82: Texas Department of Transportation,FM 486,Milam County,RMC 627338001,$840,842 . • 83."'Texas Department of Transportation,SH 21,Lee County,NH 1502(036),$449,309. 84.Texas Department of Transportation,SH 159,Austin County,STP 2015(428);$10,938,936 : - 85. Texas Department of Transportation,SH 30,Grimes County,STP 1402(194),$5,718,784 86. Texas Department of Transportation,FM 1179, Brazos:County,STP 2015(635),$2,435,656 87. .Texaa Department of Transportation,FM 60,Brazos County,NH 2O15(705),$1,565,192 88. Texas Department of Transportation,SH 21,Brazos County, NH 2O15-(530),$2,525,544 • - • • 89.:Brazos County,Various FGSMA HMAC,Brazes County,$723,758' • • 90. Texas Department of Transportation,FM 1373,Robertson County,BR.1602(142),.$1,204,159 - • 91. Texas Department of.Transportation,CR,Austin County,.BR 2012(166),$$442,957 ' . . . . .. • 92. Texas Department of Transportation,FM 60,Brazos County, NH 1502(140),$$1,327,052 .- 93. TeXas.Department of Transportation,SH 6 Ramps,Brazos County, NH 1502(234),$7,542;870 • • 94. City of College Station,Various FGSMA HMAC, Brazos:County,$359,126 • . . 95;Texas:Department of Transp.ortation,SH 21,Madison County;NH 1502(525),$3,009,580 - 96.'Texas Department of Transportation;SH 21 Crossovers, Brazos County, NH 1502(524),$1,604,740 • • . 97. Texas.Department of Transportation,*FM 60, Brezos County, NH 1502(527),$980,616 98. Texas Department of Transportation, FM 44.8,tee County,STP 1502(595),.$3,138,496• ' • . -99, City of Bryan Maintenance,2018 Sealcoat Maintenance(Bryan,TX),$920,643.80 100Texas A&M TTI, Ride Test Track Overlay,$51,500 • 101.Texas A&M University-Vet School Project(College Station,TX), Sitework subcontractor,$'3,275,$99.00 . . ( . 102.Texas Department of Transportation Aviation Division, McGregor Municipal Airport, 0709MGREG,$2,053,083 .4. . 103.TexaS Department of Transportation Aviation Division,McGregor Municipal Airport,$828,14.. ' • . 104Waco Regional Airport Runway Safety Improvements,City of Waco,$1,738,543 _ 105.Texas A&M University,Easterwood Runway 16/34 Pavement Rehabilitation,$2,862,573 106.Texas A&M University,Easterwood Runway 10/28 Pavement Rehabilitatipn,$2,210,286 107.Texas A&M University,Easterwood.East Side Ayiatidn Apron,$663,186 . 108.Texas A&M University,Easterwood General Aviation Apron,$775,893 • ' . • 109.Subcontractor to Domaackson Construction;Brenham Municipal Airport,$776,893 • • - - 110.Brazos•County Road and Bridge, Mesa Verde Drive-(College Station,TX),$1,096,445.20 • • . . - • 111.Texas Department orrransportation,Madison US 190 RMC(Midway,TX), HMAC Overiay and Safety Improvements, RMC- 632217001,$1,063,526.99:. . . 112.Madison US 190(Madisonville,TX), HMAC Overlay and Pedestrian Improvements, NH 2016(577), ETC.,$2,150;935.10 • 113.Walker US 190(Huntsville:TX),HMAC Mill&inlay;NH 1702(083),$862,850.00 • . • 114.Brazos SH 30, ETC.(College Station,TX), HMAC Mill&Inlay with Pedestrian Improvements,STP 2017(759),$1,679,419.00 115.Brazos FM 60 DD1 (College Station,TX),intersection Improvement and Bridge Widening, NH 1602(416);$13,863,443.80 • • . . • - - • IZ . . . 5 VPIGRI Bryan j T r . Bill Faris I.1 J ealonal Safety/ j ealonal HR 1 nvron:Manager, tDre oad r I l I I I `apeenrnttnq'a *`JNanBaeF ter: CTXQuaR(y -CTXTntekinq Construction �*KarenMorifoy: . a4ss4rance... Materials Manager Office Manager ..,}Mani e • " ;••b lariaaer - Mall Arnold Melissa Vaughn '•... Manager Eamest"Alva �.rado,Jr. Jay Martin '.Robbie Roberts , ' CTXASphalt/Ya ;: ; Appreciate Manager CTX Ready Mitt. ,• Truckin. ' _ River Bend Pit bra}1n' M`'ea6e Sales Coordinator =='r''ymoriaer. Jana Lambert Coordinator • :Raymorid:Riley + Kellan'Mathis Bryce'Seats `,• Daniel Rios I Asphalt Plant I It ' ••er, s. RVadv Mix Dispatc`h1 Trucking Admin Foremen `l J =Sales Manager ,, 1 Amanda Hernandez, Open e . 1 . Trace'Vanorden -•-•- -' I .D,emetris McGrew " Leticia et _ 1 1 - --__- ' I . .FProiect MManagers; i 1 • Quality Control , iI Genera i Manager " ----.----— I I RM Plant Manager's ;:Contract Admin i —� Jon White ! I Estimator , Quality Control I Superintendent ' 1 I Readv'Mix Sales Rep I Navasota-TracyAltars, i Shannon Dodgen: Julie Tengesdal : i Lonnie Mitchell 1 i Jerry Groves Manager " Charlie Botkin i I _ Marco Banjos , I ' ; CS-Cullen Brogdon ' i j _Jake Burchett ` �� I Bobby McLeod ; i Jeet Sadhwani . ii (Bryan-'Michael Cordova: I'Riverbend'•-Fred Norris I i._•-QC Tecfl• •l 1 r . I [OPEN] I I ,_ _ __ _ ___-----i ,`.Suoe a Genetat Asphalt General l I Project Supts. I Suderink¢nden!' i 1 ,. 1 Superintendent 1 Cody Williams QC Tech Andres Urnanzor, i Victor Mendoza1 I Terry Killingsworth: _ 1 ' Jerry Owens Stanley Gilbert Gary Taylor 1 I I Lupe Sanchez t I 1 Survey Manager , Jason Owen ,Regional Asset I Manager i Alex Danard ,SETX Equip• Waco Equip I Bryan Equip ,Purchasing/Equips ' 'Preventative l Superintendents Superintendent I Superintendent I Coord: I I Maint,'Mor, Devon`.Fontenot , John Jett Marc boyd, , Brad Schmucker I i Mickey Adler • L—_. 'Fleet fdreman/ i • I I Sr Acct Clerk Shop Foremen Shop.Foieman I. Admin Assl Brenda Reiehel Lead Mechanic ! i (OPEN] • ChristopherCantd Travis Neely t7BD1 • Fleet'-Admin I Fleet Foreman., Jennifer Deadda Perry Smith '! I • • CONSI:DERATiON IT N1. . . • Mesa Verde Drive Extension ` . ' _ • BRAZOS COUNTY BID 02017 301 • -• • • • ProjectManager: • Jon White •- • - •Superintendent: Clint Pittman. • Original Contract Amount: $1,196,445.20 ' • • Final ContractArnount: $1,779,280.13 . . Start Date-. 11/27/2017 , : Substantial Completion: ' 04/17/2018 • - . This project completed•ahead of schedule and under budget.The project was completed in 116-days as;. , . fi opposed to the 180 days allowed In the contract. Also,the county did not utilize the entire$100,000 • contingency established at bid time.The $82;834.93 of contingency that was used was for extra work . performed•atthe county's request. . • •KRC Scope; Demolition, .Earthwork,••Underground, Erosion Control,..Trafc..Control, Lime/Cement Subgrade Treatment, Flex/Cement Treated Base, Concrete • • Paving/Curbs,Cast-in-Place Concrete Riprap/SET's,Stone Riprap,Prime Coat, HMAC . . Subcontractor Scopes: Brock Construction--Tree Clearing and Grubbing - • Area Wide Protective—Permanent Signage ' D.W.Construction—Permanent Striping Brick Paving Plus--Landscape Pavers Cen Tex Hydroeec1—Permanent Seeding Project Description: Work consisting of the construction 'of a new ditch section roadway approximately.5 miles in length.The entire site was-wooded and had to be , • • cleared before:the earthwork could be completed. Demolition of several .. . structures was also performed. Earthwork consisted.of "4536 CY of topsoil,. • • 6367 CY of excavation, and 6885 CY of embankment. Underground work ranged from 18"to 84"diameter RCP With SEf's.An 8"subgrade treatment ' ' was performed before placement the of the 10"base course,prime coat,and ' • . 4.5" of HMAC. 175:LF,of concrete pavement was constructed at the main. . • entrance of Mesa Verde (included landscape•pavers in the•median).-A'turn _ . lane.was also. created: for. traffic•turning right onto the new roadway. : .. • - • Permanent signage and striping were applied to the new'roadway and • ' erosion'control features such as stone riprap,silt fence, and ceilulose fiber mulch seeding capped of the project: . • . • . . . .. . • . . . , •• • . . . . ... . . . . . . . .. . . . :•'• - . .- . . • ' • . - . : . . . .. . . . : .. •- • • . . . : . "• . . • . . . . . . . . . CONSIPERATION ITEIV1. C • . . '. .. . . • . . . . . . • . , . :. . . . . .. . . • , . . . . Project Owner: Brazo County Road and B.ridge . -. - •' - . . . . . . . : . . . . . . - . • . . • Owner Representative: • Gary Arnold ' . .- • , . . . . . - . 200.S.Texas Averiue,Suite 352 - • • . . . •. . • Bryan,TX 77803. .. . . 979-361-4290 . .. _ . . • . . . . . . . :. . • . . .. - • . . - . . • " -: : . . .. .. . . • . . . . . . . . . . . . ' . . ... . . . . . • • . . . . . . ' :. ... . . . . .. • - . . . .. .. . . . " • - . . • . •• ' .. . . . _ . . . . . . . .. .. . . . . . .. . . • . . . • . • . • • . . • . . . . . . . . . . . . • . . . . • . . ...• . • . . . . . . . • . - • .. . . •• . ' • • . . .. . , . . .• . . . . . • • . . . . . . . . . • . . . ' .• .-. . . . .. _ . . : • . . . . . • - . . . . . . • . . . . . . . - . . . . . . . '• . . . ' . . . . . .. . . . .• .. . . . . - • ... . . . . . . . . . . .. .. . • • • . . . . . . . .. . • . . . . . . . . . . . . . . - . .. . . . . . . ._ . . • ' . . . . . . . . .. . . . . .. . • .. . . . . . . . . " . • • • • • CON. IDRAYi4N ITEM: �. •• • - Goodson Bend Road Rehabilitation • , • - • •' • BRAZOS:COUNTY BD•#I REP 181141 • Project Manager: . . lake Brirchett - • • • Superintendent: • Clint Pittman • _' • Original'Contract AM $965,650.76 •• Final Contract.Amount: $1,084,1,00.44 • • Start Date: 8/21/2018 . • Substantial Completion: 11/29/2018 - i This project completed on time with the exception of some excessive weather events In the • October/November months of 2018. Knife River Corp.was able to offer some value engineering for the proposed paving and subgrade to help due to the substantial amount of construction traffic since-this road lead to one of our material•yards.This•reduccd the engineers estimate from$1,500,000.00+which saved the county $534,849.24. Also, the county did not utilize the entire $150,000.00 contingency. established at bid time. The$118,449.68 overrun was a result of extra work performed it the county's request. - . • KRCScope: Demolition, earthwork, Underground, Erosion Cont'ro1, Traffic Control, •, . • Cement Subgrade Treatment, Flex/Cement Treated Base, .Cast-ln-place. Concrete Riprap/SET's,Prime Coat,HMAC Subcontractor Scopes: Area Wide Protective-PermanentSignage/Barricades •• • • • • • Cen Tex Hydroseed.-Permanent Seeding . Project Description: Work consisting ofthe roadway widening,subgrade stabilization and grading: of ditches with RCP driveway crossings along the Goodson Bend roadway approximately one mile in length.The entire roadway had to be milled•and subgrade treated while' keeping -traffic open with a one-way pilot car •- • operation. Demolition•of several structures was also performed..Reworldng . . existing roadway•consisted of-12,665.SY. Underground work ranged from • 15"to 30"diameter RCP with Headwalls and SET's.An 8"subgrade treatment• - was performed before placernentthe Of the 8" base course,prime:coat,and 4"of HMAC.HMA and concrete driveways were constructed throughout_.the project and cellulose fiber mulch seeding capped of the.project. : . " Project Owner: : Brazos County Road and Bridge • -- Owner Representative: Gary Arnold - - :• . • • ' CONSIDERATION ITEM•a • • • ' ' Washington SF136—Wolf Creek Bridge • -3(DOT CSJ 0186-05-040 - •-- . - • :• .Project Manager: Mike Lackey -• -- Superintendent: Lynn Fitzgerald. • . ' ' • •Origlnal.Contract Amount: $1,448,042.29 .• • Final Contract Amount: $1,432,875.42 .. • Start Date: 09/05/2017 • • ' • • • • • . • ' • Substantial Completion:• 01/24/20 .8 • •• - . • .This project.completed on schedule and under budget,with only 70 bid days to complete the work.The • project was completed irr 71.days,including change order time added to the contract and credit days for holidays-and weather.This included extra work done by KRC and another contractorto repair additional damage caused by flooding after the project was started. - ' KRC Scope: Earthwork, Low Water_Crossing, Erosion Control, Traffic Control, Shoring, • • . Bridge Demolition, Construction of New Bridge, Cast-iin-Place Concrete - • Riprap,Stone Riprap, Cast-in-Place Bridge Rails, Guardrail,HMAC,Seal Coat, - - Striping,and Signage. ' . ' • . Subcontractor Scopes: ,HunterDemolition—BridgeDemo . M &D Foundation Drilling—Drilled.Shafts • • • -• • . Willow City Sign&Rail—Permanent Signage&Guardrail • Stripe Liries inc.—Permanent Striping Area Wide Protective-Traffic Control&Barricades Cen Tex Hydroseed—Erosion . Project Description: Work consisting of demolition of an existing bridge damage by flooding in May 2016, We constructed a low Water crossing with 4x8 rock and 48" meta(' corrugated pipe to ;provide access to the work and .maintain . flow of Wolf Creek. KRC .along_ with TxDOT, placed pug 'sand • beneath the existing abutments to shore up adjacent-bridge due•to damage ' • by additional flooding'caused by Hurricane Harvey, that occurred after the . project was started.• Bridge-construction consisted of 36"'drilled concrete ' • ' shafts; concrete,columns, bent caps;abutments,'precast concrete bearris, concrete slab, concrete bridge rails,and HMAC paving. • ' :• • • • • . -• : . CONSIDERATION IThM. C Project Owner; TxDOT Owner Representative: Mark Shafer • . .. 1821 SH 105 ' • ! T 979-836-9359 I • . 1 • • . t .. i • j . i . • • • CONSIDERATIQN )TI;M'C Brazos County SH 30(Harvey Road,College Stiation,TX) - - • TXDOT CSJ:2446-01-026.,ETC. • STP2017(759)' :• Project Manager: Jon-White - : • Superintendent: : ' Raymond Vasquez(Asphalt)and lames Marshall(Concrete) ' • - Original Contract Amount: $1;679,419.00 •• • Final ContractAmount: $1,593,687.17 • • • Start Date: 04/19/2017 ' Substantial Completion: • 08/30/2017 • ' - . This project cbmpleted ahead of schedule and under budget.The project was completed in 44 days•as• - • opposed to the 50 days allowed in the contract.Several items un derran the original contract,and we were able to save TxDOT money by proposing a new work sequence. •. KRCScope: Demolition, Earthworks Traffic Control, Trench Protection, Cast-in-Place Concrete Sidewalk, Driveways,Curbs;Riprap,and Wingwall,Trackless Tack,• • . Milling,and HMAC . Subcontractor Scopes: Flasher—Barricades and Striping - Batten Drilling—Holesfor Trench Protection • Cen Tex Hydroseed—Permanent Seeding, Erosion Control. _ { Project Description: Milled and inlaid LA:miles miles of roadway with'"SMA-D HMAC on a trackless tack coat. AIso performed-full-depth HMAC.repairs. Included a culvert extension and some driveways and sidewalk work/ADA improvements. We • • were able to adaptthe phasingto mill the entire roadway instead of in halves.: • -This allowed us to:give TxDOT a savings on the project. it also removed the ' tapers the plans had shown to be temporarily Installed on the new HMAC • mat.Removal of the tapers was more than likely to damage the HMAC so this-- change.not only saved money but increased the quality of the-final project. Project Owner: TxDOT—Bryan Area Office • - Owner Representative: Connie Flickinger - : 2102Tabor Rd. - - . Bryan,TX 7.7803 . . • ' 979-778-6233 • • • • • - 1 CONSIDERATION ITEM C - •• - .• . Robertson County FM 1373 •• • • CSJ-0540-08-015 • • Project Manager: Jake Burch ett Superintendent: . Lynn Fitzgerald • • • . Ori • ginal Contract Amount: $1,204,459.20 - • . Final Contract-Amount: .$1,155,131.31 .• Start Date: 8/17/2015 . Substantial Completion: ' 6/15/2016 ' This project completed on time with the exception of some excessive weather events in the December.. . . • months of 2015 through January 2016.The project was completed In 153 days as opposed to the 155'days allowed-in the contract. Several items underian the original contract, resulting in savings for TxDOT of. • $49,327:89. . . . KRC Scope: Demolition,Earthwork,Bridge Replacement,Erosion Controj,Traffic Control, • Cement Subgrade' Treatment, Flex/Cement Treated Base, Cast-in-Place • Concrete and Stone Riprap, Prime Coat;HMAC - ' • • Subcontractor Scopes: Acme Fence and Iron Company—Barbwire Fencing• Cen Tex Hydroseed--Permanent.Seeding " • • Flasher Equipment Co.-Striping ' Hemphill Pile Driving Co.-Precast Pile Driving •• . • .Just Grooving-Bridge Deck and Approach Slab Grooving . M&D Drilling-Drilled Shafts - . • - Mesa•RodBusters-SteelTying . • • 'N-Line Traffic Maintenance-Barricades Willow City Sign and bail-Signs and Metal Beam Guard Fence Project Description: • •Work consisting ofthe replacement of the Hardin Slough and AlligatorSlough . • • bridges'and approaches,subgrade stabilization and grading of•ditches along • ' the FM 1373 roadway approximately 0.102 miles in length. The existing roadway had to be closed at each bridge and traffic.detoured_as they were ' • built ope at a time. Demolition of these structures were also performed. ' • ReWorking existing roadway consisted of"2,600.SY.Two,separate three span - . bridges were constructed.An 8 subgrade treatment was performed before• . placementthe of the two-course surfs ce treatm exit and cellulose fiber mulch seeding capped cif the project. - • CONSIDERATION ITEM -. • - - ' ' . . • Project Owner: TxDOT Owner Representative: Connie Flickinger • 25910 N Earl Rudder Fwy, Bryan;TX 77803 .' • • Bryan,TX 77803• " • • - 979-363-4290 : . . • . • . i 1 • . . . _ I • • . . 1 1 111 • . 1 . 1 . fi 1 . I "1P /7) n ,�j1/eJ'sb ;17LX Knife River Corporation—South uses and in-house preventative maintenance program for maintaining our equipment in satisfactory operating condition. It consists of regular and routine action taken on equipment to avoid or mitigate the consequences of equipment failure. We have a well-equipped maintenance facility and mobile service units with trained and competent technicians. In the event that equipment failure does occur,we have many options to acquire rentals along with an in-house fleet of equipment haul-trucks in order to replace equipment during long-term repairs.We also have several vendors that we do business with who will haul equipment for us as well. • Knife River Corporation ® South Attached is a listing of our company owned and leased equipment.We understand that time of completion is critical for this project and we will have multiple pieces of equipment dedicated to this project.If necessary we have multiple sources of rental equipment that can be mobilized for immediate • use in order to complete the project in the time specified. • • • • • . l • { . UNIT DESCRITION YEAR 39.003320 2015 FORD F150 SUPERCREW 2015 39.003325 2015 FORD F150 SUPERCREW 2015 39.003326 2015 FORD F150 SUPERCREW 2015 39.003329 2015 FORD F150 SUPERCREW 2015 39.003330 2015 FORD F150 SUPERCREW 2015 39.003334 2016 FORD F150 2016 39.003345 2016 FORD F150 2016 39.003352 2017 FORD F150 2017 39.003353 2017 FORD F150 2017 39.003358 2017 FORD F150 2017 • 39.003360 2017 FORD F150 2017 39.003361 2017 FORD F150 2017 39.003364 2017 FORD F150 2017 39.003370 2018 FORD F150 SUPER CREW 2018 39.003373 2019 FORD F150 SUPER CREW 4x4 2019 39.003375 2019 FORD F150 SUPER CREW 2019 39.003376 2019 FORD F150 SUPER CREW 2019 39.003378 2019 FORD F150 SUPER CREW 2019 39.003379 2019 FORD F150 SUPER CREW 2019 39.003382 PICKUP FORD F150 2022 39.003383 PICKUP FORD F150 2022 39.003384 PICKUP FORD F150 4X4 2022 39.003424 PICKUP FORD F150 2020 39.003425 PICKUP FORD F150 2020 39.003426 PICKUP FORD F150 2020 39.004315 FORD F250 XL 4X2 CREW CAB 2014 39.004316 FORD F250 XL 4X2 CREW CAB 2014 39.004321 2015 FORD F250 SUPER CAB 2015 39.004323 2015 FORD F250 CREW CAB 2015 39.004324 2015 FORD F250 CREW CAB 2015 39.004325 2015 FORD F250 CREW CAB 2015 39.004328 2015 FORD F250 SUPER CAB 2015 39.004331 2016 FORD F250 CREW CAB 2016 39.004334D 2016 FORD F250 CREW CAB 2016 39.004335 2016 FORD F250 CREW CAB 2016 39.004336 2016 FORD F250 CREW CAB 2016 39.004337 2016 FORD F250 2016 39.004338D 2016 FORD F250 2016 39.004346 2016 FORD F250 2016 39.004347 2016 FORD F250 2016 39.004348 2016 FORD F250 2016 39.004349 2016 FORD F250 2016 39.004351 2016 FORD F250 2016 39.004352 2017 FORD F250 2017 39.004353 2017 FORD F250 2017 39.004354 2017 FORD F250 2017 39.004355 2018 FORD F250 SD SUPER CAB 2018 39.004356 2018 FORD F250 SD SUPER CAB 2018 39.004358 2018.FORD F250SD SUPER CAB 2018 39.004359 2018 FORD F250 SD SUPER CAB 2018 39.004360 2018 FORD F250 SUPER CAB 2018 39.004361 2019 FORD F250 CREW CAB 2019 39.004362 2019 FORD F250 CREW CAB 2019 39.004363 2019 FORD F250 CREW CAB 2019 39.004364 2019 FORD F250 CREW CAB 2019 39.004365 2019 FORD F250 CREW CAB 2019 39.004366 2019 FORD F250 CREW CAB 2019. 39.004367 2019 FORD F250 CREW CAB 2019 39.004369 2023 CHEVY SILV 2500HD 4X2 CRW 2023 39.004370 2023 CHEVY SILV 2500HD 4X2 CRW 2023 39.005001 2019 F350 CREW CAB 2019 39.005003 2020 FORD F350 CREW CAB 2020 39.005004 2020 FORD F350 CREW CAB 2020 39.005005 2022 FORD F350 CREW CAB 2022 39.005006 2022 FORD F350 CREW CAB 2022 39.005007 2022 FORD F350 CREW CAB 2022 39.005008 2022 FORD F350 CREW CAB 2022 39.005009 2023 CHEW SILV 3500HD 4X2 CRW 2023 39.005010 2023 CHEW SILV 3500HD 4X2 CRW 2023 39.009001 CRASH TRUCK 2001 39.009005 ATTENUATOR TRUCK 2009 39.009007 ATTENUATOR TRUCK 2013 39.009008 ATTENUATOR TRUCK 2009 39.009009 ATTENUATOR TRUCK 2009 39.009010 ATTENUATOR TRUCK 2011 39.009011 ATTENUATOR TRUCK 2012 39.009012 ATTENUATOR CRASH TRUCK 2011 39.009013 ATTENUATOR CRASH TRUCK 2011 39.009014 ATTENUATOR CRASH TRUCK 2011 39.009015 ATTENUATOR CRASH TRUCK 2012 39.009016 ATTENUATOR CRASH TRUCK 2011 39.009017 ATTENUATOR CRASH TRUCK 2011 39.009018 ATTENUATOR CRASH TRUCK 2012 39.010029 F550 4X2 CREW CHAS CAB 2013 39.010030 2016 FORD F350 W/KNAPHEIDE 2016 39.010031 2016 FORD F350 WI KNAPHEIDE 2016 39.010032 2018 FORD F350 W/KNAPHEIDE 2018 39.010033 2018 FORD F350 W/KNAPHEIDE 2018 39.010034 2018 FORD F350 W/KNAPHEIDE 2018 39.030003 TRUCK WATER 4000 GAL 1993 39.030005 TRUCK WATER 4000 GAL 2000 39.030006 TRUCK WATER 4000 GAL 2000 39.030008 TRUCK WATER 4000 GAL 1993 • 39.030011 TRUCK WATER 4000 GAL 1993 39.030015 TRUCK WATER 4000 GAL 2005 39.030016 TRUCK WATER 4000 GAL 2004 39 030017 TRUCK WATER 4000 GAL 2005 39.030018 WATER TRUCK 4000 GAL 2007 39.030019 WATER TRUCK 4000 GAL 2007 39.030021 TRUCK WATER 4000 GAL 2005 39.030022 TRUCK WATER 4000 GAL 2007 39.031011 TRUCK DISTRIBUTOR F750 2004 39.031012 TRUCK DISTRIBUTOR BEARCAT 2008 39.031013 TRUCK DISTRIBUTOR T440 2015 39.031014 TRUCK DISTRIBUTOR 348 2017 39.031015 TRUCK DISTRIBUTOR 337 2020 39.891573R 5 YD DUMP TRUCK 2018 39.891714R 5YD DUMP TRUCK 2019 39.891745 5YD DUMP TRUCK 2013 39.891835R 5YD DUMP TRUCK 2019 39.891879 5 YD DUMP TRUCK 2019 39.891839R 745 ARTICULATED TRUCK 2022 39.891840R 745 ARTICULATED TRUCK 2019 39.090004 TRAILER 20'GOOSENECK 1981 39.090009 TRAILER40'GOOSENECK 1996 39.090023 TRAILER 16'CONE 1993 39.090031 TRAILER CORE RIG 1993 39.090040 TRAILER 16'FLATBED 1993 39.090053 TRAILER 24'SCREED 2000 39.090057 TRAILER 16'LUBE 2004 39.090063 TRAILER 22'UTILITY 2004 39.090067 TRAILER 16'CONE 2004 39.090069 TRAILER 16'UTILITY 2005 39.090078 TRAILER CORE DRILL 2007 39.090079 TRAILER 16'UTILITY 2007 39.090080 TRAILER 20'FLATBED 2007 39.090081 TRAILER 18'UTILITY 2006 39.090082 TRAILER 18'UTILITY 2006 39.090083 TRAILER 14'ENCLOSED 2007 39.090085 TRAILER CORE RIG 2008 39.090087 TRAILER 14'ENCLOSED 2008 39.090089 TRAILER 14'ENCLOSED 2008 39.090091 UTILITY TRAILER 20' 2010 39.090092 16'ENCLOSED TRAILER 2010 39.090095 TRAILER UTILITY 7X14 ECONOHAUL 2013 39.090096 TRAILER UTILITY 7X14 ECONOHAUL 2013 39.090097 TRAILER UTILITY 7X12 ELEMENT 2013 39.090100 VACUUM TRAILER POTHOLE 2015 39.090101 7X6 TANDEM BULL NOSE CARGO 2015 39.090103 TRAILER UTILITY 2016 39.090104 TRAILER UTILITY 2016 39.090105 TRAILER UTILITY 5X8 2016 39.090106 TRAILER 7X16 CARGO 2016 39.090107 TRAILER UTIILITY 2016 39.090109 TRAILER UTIILITY 2016 39.090110 TRAILER UTILITY DUMP 14'' 2016 39.090111 TRAILER WATER TANK 500GAL 2017 39.090112 TRAILER UTILITY 2017 39.090113 TRAILER UTILITY DUMP 14' 2018 39.090114 TRAILER UTILITY DUMP 14' 2018 39.090115 TRAILER UTILITY 17' 2018 39.090116 TRAILER UTILITY DUMP 14' 2018 39.090117 TRAILER UTILITY 20' 2018 39.090118 TRAILER UTILITY 17' 2019 39.090119 TRAILER UTILITY 17' 2019 39.090120 TRAILER'UTILITY 17' 2019 39.090121 TRAILER UTILITY 17' 2019 39.090124 TRAILER WATER TANK 500 GALLON 2020 39.090125 TRAILER UTILITY 20' 2021 39.090126 TRAILER UTILITY 20' 2021 39.090127 TRAILER UTILITY 20' 2021 39.090128 TRAILER UTILITY 20' 2021 39.090129 TRAILER UTILITY 20' 2021 39.090130 TRAILER UTILITY 20' 2021 39.090131 TRAILER UTILITY 10' 2021 39.090133 TRAILER UTILITY 16' 2022 39.090402 TRAILER UTILITY 2000 39.090712 FLATBED GOOSENECK TRLR 30' 2023 39.091001 TRAILER 45'FLATBED 1974 39.091017 TRAILER 19',FLATBED 1977 39.091020 TRAILER FLOAT 1973 39.119001 COLD PLANER 24"WORK TOOL 2020 39.122004A 299 CAT SKID STEER ATTACHMENT 2019 39.122005 229D2 HF SKID STEER 2019 39.122005A 299D2 HF SKID STEER-ATTCHMENT 2019 39.122006 229D2 HF SKID STEER 2019 39.122006A 299D2 HF SKID STEER-ATTCHMENT 2019 39.122007 299D2 HF SKID STEER 2019 39.122008 29903 CAT SKID STEER 2021 39.891497 259 SKID STEER 2019 39.891827 289D SKID STEER 2022 39.891830R 299D SKID STEER 2018 39.891845R 325G SKID STEER 2021 39.891862R 299D SKID STEER 2018 39.891865R 249D SKID STEER 2019 39.891890R 325G SKID STEER 2022 39.891896R 299D SKID STEER 2018 39.891904R 299D SKID STEER 2020 39.891905 259D SKID STEER 2020 39.891915 259D SKID STEER&SHREDDER 2022 39.891928 T740 SKID STEER 2019 39.891932R 299D SKID STEER 2022 39.891934 T770 SKID STEER 2022 39.891937 259D SKID STEER 2021 39.891939 SVL97 SKID STEER 2023 39.124004 LOADER BACKHOE CAT 415IL 2022 39.125035 LOADER BACKHOE CAT 420D 2005 39.125036 LOADER BACKHOE 420E IT 2010 39.125037 LOADER BACKHOE 420E IT 2010 39.125038 LOADER BACKHOE 420F IT 2015 39.125039 LOADER BACKHOE 420F IT 2015 39.891843R 310 BACKHOE 2022 39.891895R 416 BACKHOE 2019 39.891930R 580 BACKHOE 2022 39.131007 LOADER WHEEL CAT 914G 2005 39.132010 LOADER WHEEL CAT 928GZ 2007. 39.132012 LOADER WHEEL CAT938H 2011 39.132013 LOADER WHEELCAT938G 1997 39.132014 LOADER WHEEL CAT938G 2000 • 39.132015 LOADER WHEEL CAT 938G 2005 39.132017 LOADER WHEEL CAT918M 2017 39.133016 LOADER WHEEL CAT 950G 2001 39.133025 LOADER WHEEL CAT 950G 2005 39.891837R 950M LOADER 2022 39.891891R L7OH LOADER 2020 39.149023 MOTORGRADER CAT 140M BR 2010 39.149024 MOTORGRADER CAT 140M BR 2010 39.149025 MOTORGRADER CAT 140M 2011 39.149026 MOTORGRADER CAT 140M 2011 39.149027 MOTORGRADER CAT 140M 2016 39.149028 MOTORGRADER CAT 140M 2017 39.149029 2022 MOTORGRADER CAT 150 2022 39.149030 2023MOTORGRADER CAT 150 2023 39.150003 MOTORGRADER CAT 160H 2007 39.150005 MOTORGRADER CAT 160M 2007 39.166007 SCRAPER CAT 613C ELEVATING 2006 39.166008 SCRAPER CAT 613C ELEVATING 2006 39.174019 DOZER D5K 2013 39.174020 D5K2 LGP DOZER 2017 39.891826R D2 DOZER 2022 39.891833R 450 DOZER 2022 39.891834 D1 DOZER 2022 39.891853R 450K DOZER 2021 39.891892R 450K DOZER 2019 39.891938 650K DOZER 2023 39.891860R D6N DOZER 2018 39.191006 308E EXCAVATOR 2019 39.191007 308E EXCAVATOR 2019 39.891746R EC35D MINI EXCAVATOR 2019 39.891803R VI080 EXCAVATOR 2018 39.891855R VIO55 MINI EXCAVATOR 2019 39.891859R 306CR MINI EXCAVATOR 2023 39.891870R 315 EXCAVATOR 2019 39.891873R VI080 EXCAVATOR W/BREAKER 2019 39.891882R 308 EXCAVATOR 2019 39.891889R VI055 MINI EXCAVATOR 2019 39.891893R 315 EXCAVATOR 2019 39.891894R SV100 EXCAVATOR 2022 39.891901R 303.5 MINI EXCAVATOR 2023 39.891924R E50 MINI EXCAVATOR 2023 39.891929 303.5 MINI EXCAVATOR 2023 39.891940 VI055 MINI EXCAVATOR 2019 39.891925R EC200 EXCAVATOR 2023 39.193016 EXCAVATOR CAT 325 2016 39.891854R SK140 EXCAVATOR&BREAKER 2022 39.891866R 320 EXCAVATOR 2017 39.891876R CX210D EXCAVATOR 2020 39.891877R EXCAVATOR 2022 39.891898R 320 EXCAVATOR 2019 39.891912 325 EXCAVATOR 2019 39.891916R 325 EXCAVATOR 2019 39.891933 325 EXCAVATOR 2022 39.194013D EXCAVATOR CAT 330CL 2004 39.194016 EXCAVATOR1D330C 2003 39.194019 EXCAVATOR CAT 330FL 2015 39.194020 EXCAVATOR CAT 335 2022 39.891811R 350X4 EXCAVATOR 2019 39.891926R 330 EXCAVATOR W/HAMMER 2017 39.891920R 352 EXCAVATOR 2023 39.891921R 352 EXCAVATOR-1 2023 39.194020A CAT TAKE OFF 36"EXCVTR BUCK 2022 39.302003 WACKER TRENCH ROLLER 2020 39.306023 ROLLER PNEUMATIC PS150C 2010 39.307031 ROLLER PNEUMATIC PS360C 2006 39.307032 ROLLER PNEUMATIC PS360C 2006 39.307033 ROLLER PNEUMATIC PS360C 2006 39.307034 ROLLER PNEUMATIC PS360C 2006 39.307035 ROLLER PNEUMATIC PS360C 2012 39.307036 ROLLER PNEUMATIC CW34 2013 39.307037 ROLLER PNEUMATIC CW34 2015 39.307038 ROLLER PNEUMATIC CW34 2018 39.891851R BW27 PNEUMATIC ROLLER 2021 39.312001 HD12W ROLLER 2021 39.312002 HD12W'ROLLER 2021 39.891828R CB248 48"DD ROLLER 2018 39.891863R CB24B 48"DID ROLLER 2018 39.891885 BW120 48"DD ROLLER 2022 39.891917R DD25B 48"DD ROLLER 2022 39.313021 COMPACTOR CB64 2010 39.313025 COMPACTOR CB64 2015 39.313026 COMPACTOR CB64 2015 39.313027 COMPACTOR CB64 2016 39.313028 CB15 84"DD ROLLER 2019 39.313029 CB15 84"DD ROLLER 2019 39.891918R CB15 DD ROLLER 2019 39.891919R HD120IW DD ROLLER 2022 39.317023 PADFOOT COMPACTOR CP56 2011 39.317024 PADFOOT COMPACTOR CP56 2011 39.317025 SD VIBRATORY COMPACTOR C556 2012 39.317026 PADFOOT COMPACTOR CP56 2015 39.317027 SD VIBRATORY COMPACTOR CS56B 2015 39.891488R CS54B SMOOTH DRUM ROLLER 2018 39.891805R 1-1111 SD ROLLER 2017 39.891831R CS56 SD ROLLER 2019 39.891832R SD115B PADFOOT ROLLER 2018 39.891836R H10IP PADFOOT ROLLER 2019 39.891841R CS44 SD ROLLER 2019 39.891842R H101P PADFOOT ROLLER 2022 39.891844R BW211PD PADFOOT ROLLER 2021 39.891846R H10I SD ROLLER 2021 39.891847R BW211D SD ROLLER 2022 39.891857R CS54B SD ROLLER 2019 39.891861R CS56B SD ROLLER 2017 39.891880R CS54B SD ROLLER 2019 39.891886R PADFOOT ROLLER 2022 39.891888R CS56 SD ROLLER 2016 39.891906R SSR120 SD ROLLER 2019 39.891907R H101P PADFOOT ROLLER 2019 39.321004 COMPACTOR CAT 815 2004 39.321005 COMPACTOR CAT 815 2004 39.342002 CRANE 28-TON CN128 1991 39.342004 CRANE 75-TON RT175 2000 39.891848R 66051 MANLIFT 2022 39.891852 660SC TRACK MANLIFT 2017 39.891864R 660SJ MANLIFT 2018 39.891910R S6OX MANUFT 2018 39.891883R 3013 TELEHANDLER 2022 39.390021 COMPRESSOR 185CFM JD 2000 39.390035 PORTABLE AIR COMPRESSOR CFM 2021 39.410010 ARROW BOARD 1999 39.410021 ARROW BOARD 2018 39.410022 ARROW BOARD • 2018 39.410023 ARROW BOARD 2018 39.410024 ARROW BOARD 2018 39.411025 MESSAGE BOARD 2008 39.411026 MESSAGE BOARD 2008 39.411027 MESSAGE BOARD 2008 39.411030 MESSAGE BOARD 2015 39.411031 MESSAGE BOARD 2016 39.411033 MESSAGE BOARD 2016 39.411034 MESSAGE BOARD 2014 39.411035 MESSAGE BOARD 2014 39.411037 MESSAGE BOARD 2014 39.411038 MESSAGE BOARD 2018 39.411039 MESSAGE BOARD, 2018 39.411040 SQ3 PORTABLE TRAFFIC SIGNAL 2017 39.411041 SQ3 PORTABLE TRAFFIC SIGNAL 2017 39.411042 MESSAGE,BOARD 2018 39.411043 MESSAGE BOARD 2018 39.411044 SQ3 PORTABLE TRAFFIC SIGNAL 2019 39.411045 SQ3 PORTABLE TRAFFIC SIGNAL 2019 39.411046 MESSAGE BOARD 2020 39.411047 MESSAGE BOARD 2020 39.411048 MESSAGE BOARD 2020 39.411049 MESSAGE BOARD 2020 39.411050 MESSAGE BOARD 2020 39.411051 MESSAGE BOARD 2020 39.411052 MESSAGE BOARD 2020 39.411053 MESSAGE BOARD 2020 . 39.411054 MESSAGE BOARD 2020 39.411055 MESSAGE BOARD 2020 39.411056 MESSAGE BOARD 2020 39.411057 MESSAGE BOARD 2020 39.411058 SQ3 PORTABLE TRAFFIC SIGNAL 2021 39.411059 SQ3 PORTABLE TRAFFIC SIGNAL 2021 39.411060 SQ3 PORTABLE TRAFFIC SIGNAL 2021 39.411061 SQ3 PORTABLE TRAFFIC SIGNAL 2021 39.411062 BOARD SPEED RADAR 2018 39.411063 BOARD SPEED RADAR 2018 39.411064 SQ3 PORTABLE TRAFFIC SIGNAL 2022 39.411065 SQ3 PORTABLE TRAFFIC SIGNAL 2022 39.412026 RJT350 BROOM 2019 39.412027 KR350/AC BROOM 2013 39.412028 BROOM 2010 39.412029 BROOM RC350 2019 39.412030 BROOM 2018 39.412031 BROOM 2018 39.412032 BROOM 2019 39.891766R RCT350 BROOM 2018 39.891815R MK-1 BROOM WITH CONVEYOR 2019 39.891872 450 BROOM 2022 39.891900R BROOM 2018 39.891935 MK-1 BROOM W/CONVEYOR 2019 39.417004 CHIP SPREADER 2013 39.440016 PUMP CENTRIF 6INCH 2005 39.440025 PUMP 6INCH PT6LT 2004 39.440045 PUMP 6"WACKER NEUSON PT6LT 2010 39.891868R 6"PUMP 2022 39.891869R 6"PUMP 2022 39.462006 HYDRAULIC HAMMER 2022 39.492014 MLT6SM LIGHT PLANT 2020 • 39.891647 PRESSURE WASHER 2019 39.578010 PAVER AP1000D 2010 39.578011 AP1000E WHEEL ASPHALT PAVER 2012 39.578013 AP1055F WHEEL ASPHALT PAVER 2015 39.578014 AP1055F WHEEL ASPHALT PAVER 2019 39.583003 ASPHALT PICKUP MACHINE 2008 39.584007 SHUTTLE BUGGY SB2500D 2006 39.584008 WEILER SHUTTLE BUGGY 2014 39.584009 SHUTTLE BUGGY WEILER E2850 2016 39.585001 ROAD WIDENER SPD8 2006 39.590004 PM620 COLD PLANER 2016 39.891849R PM620 MILLING MACHINE 2020 39.891871R W210 MILLING MACHINE 2020 39.891922R PM620 MILLING MACHINE 2020 39.891936 PM620 MILLING MACHINE 2020 39.891838R WR200i RECLAIMER 2022 39.595009 RECLAIMER RM500 2017 39.595010 RECLAIMER RM500B 2018 39.891850R RM500B RECLAIMER 2021 39.642002 CURB AND GUTTER MACHINE 5000 1985 39.645001 GOMACO GT3600 PAVER 2000 39.655003 BIDWELL WORK BRIDGE 2008 39.655004 BIDWELL WORK BRIDGE 2015 39.661003 BIDWELL BRIDGE SCREED 4800 2008 39.661004 BRIDGE SCREED 2450 2002 39,662015 HUSQVARNA SAW 2010 39.662016 SAW CONCRETE 2018 39.707025 WELDER PORTABLE 2021 39.752003 GPS MACHINE ROVER 2020 39.752004 GPS MACHINE ROVER 2020 39.752005 GPS MACHINE ROVER 2020 39.753001 GPS GRADER SYSTEM 2020 2020 - i CONTRACTOR'S SAFETY RECORD I. List your organization's Workers Compensation Experience Modification Rate(EMR)for the last five years,as obtained from your insurance agent. 2018 .55 2019 .56 2020 .57 2021 .61 2022 .62 II. Complete the matrix below for the last five years,as obtained from OSHA No. 200 Log: 2022 2021 2020 2019 2018 Number of injuries & illnesses 10 6 9 9 • 10 Number of lost time accidents 2 6 5 3 1 Number of recordable cases 12 12 14 12 11 • Number of fatalities 0 0 0 .0 0 Number of employee direct hire fixed hours (round to 1,000's) 1,044,0001,073,000 1,143,0001,208,0001,119,000 III. Please answer the following questions regarding your safety program a. Are regular project safety meetings held for Field Supervisor(s)? X yes no If yes,frequency: X weekly _bi-monthly monthly as needed b. Are project safety inspections conducted? X yes no If yes,who performs inspections? Supervisors,Managers,Safety personnel How often? Supervisors -weekly/Managers- Monthly/Safety-Monthly Who is required to attend? Supervisors and Front-line employees c. Does your organization have a written safety program? X yes no 23-088 RFP(CSP)Luther Street Rehabilitation Page 40 of 102 front Penberthy Blvd to Marion Pugh Dr. • {{ • CONTRACTOR'S SAFETY RECORD (continued) d. Does your organization have a safety orientation program for new employees? X yes _no For employees promoted to Field Supervisor? X yes _no If yes,does your Supervisor Safety Program include instructions on the following: Safety work practices X yes —no Tool box safety meetings X yes _no First aid procedures X yes _no Accident investigation X yes no. Fire protection X yes _no New worker's orientation X yes no • • 23-088 RFP(CSP)Luther Street Rehabilitation Page 41 of 102 from Penberthy Blvd to Marion Pugh Dr. 1. 1; 5, BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Purchasing NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Approval of Assignment for Vendor Name Change for Contract#25-074R Employee Assistance Program Services from Deer Oaks EAP Services, LLC to Deer Oaks EAP Services, LLC dba AllOne Health. "O: Commissioners Court 'ROM: Presley Nelson )ATE: 01/22/2025 'ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Partly Executed Name Chande.pdf Assignment of Name Change Backup Material 2017-10-03 Contract Renewal.pdf Original Contract Backup Material ASSIGNMENT OF 25-074R Employee Assistance Program The parties to this AGREE TO THE AMENDMENT to Contract 25-074R ("Amendment") are Brazos County, a political subdivision of the State of Texas and Fort Bend Services, Inc, now known as Global Water Technology, Inc. ("Vendor"). WHEREAS, Deer Oaks EAP Services, LLC is now Deer Oaks EAP Services, LLC dba AllOne Health. WHEREAS, Vendor shall continue being responsible for the discharge or performance of any duties or obligations to be performed or discharged under the Contract by the Vendor during the term of the Contract;and NOW, THEREFORE, for the good and valuable consideration stated herein, Purchaser and Vendor agree as follows: 1. Vendor hereby accepts and agrees to perform all the duties and obligations to be performed under the Contract to the same extent as it previously entered prior to its name change. 2. For the Purposes of this amendment the only change to the original contract is the name of the Vendor. Vendor agrees and confirms that no other changes have been made. Vendor represents that it is the same entity that entered the original contract and agrees to be legally held responsible for all terms contained in the original contract just as it would be if it had entered the original contract under the name of"Deer Oaks EAP Services,LLC dba AllOne Health." EXECUTED this , 4 day of ,20 5.("Effective Date") BRAZOS COUNTY,a political subdivision of the State of Texas: By: czy,, Duane Peters,County Judge VENDOR: Deer Oaks EAP Services, LLC dba AllOne Health By: 4 6Ca. _ Lt/1J222 V Name: Alicia Barrera Title: Executive Director 1(0 Brat 0 County This ErnployeeLASsiStance::Program Services Agreement..(theligreemant)IS.made-:ehd entered irito:effeCtive.janaart:1,'nig:by and betvieeril3ratOa.COUrityi.and:DeerOaks,EAP:SerVides,.a Limited Liabilitytompany.i hereinaftet referred to.aS1COrtiPatif!... MEREASi: the. Employer Group desires tci retain.a, OgritTectot to .f3rolvide EmplOyee Assistance Progrem:(1'EAP"); WHEREAS,.BratosContityieolibited requests fOr•propotals:kto-aici. .A0.;ehd WHEREAS,COMPany,SubmittedeVrOpossiviihich,ErazdsCbUrity has selected- NOW, TI-.IEREFORE, IN'CONSIDERATION OF '11-1E MUTUAL:COVENANT.S SET'OUT 1-.1EREIR, THE PARTIES liggETP:AOREEAS FOLLOWS; SOOpezitiiidorkond SerViCeS The:seniices:rendered by pcnpapy.shall b.6 ittOnnfOrmencevitfr the:tented this Agreement a; Intake ,(Telephonic Triage): This service Will be immediately available during regular' business hours and in ernergency altnetions•:vie the.24-nanri 7 daV.S.a Week emergency Pri- g*system.;i3esia daindgrapiio information will be gathered needs vitiii.:bemsseSsed.. 'apse ih triS16 Will be.conducted b. initial iDiagiiOstin, Assessment Folidviing the intake, a FaOe-to-Faop or TelePhoiliO, tonsultation appOiritMent iS offered:. -During the tsse i.if counselor gather Information 'regal:Ong.the presenting.Otbbferri. in order to create a diagnosis and deVelOp. treatment plan.for Shoiit,rterm-'O'bunteling-.- This session counts one..Of the•EAP visits ihdiu:ded fithe plan.TelePhertroAsteSemerits,in lieUbfface4b-faoa assessments vili only be conductedatinerectjest of thepaititipant. .6fipit4attn Tnerapentid.COunseting;:Cornpariy Will offer uo'to,six:k6)visits forShOrtterrn EAP Counseling benefit per participant, per issue, per calendar year (including the initial appointment). The. COMpany will be fully responsible for the; clinical care. provided to partiCipents.'The specific number of sessions and ireettnentplans will be determined by the. Company's counselor and will be based on clinical Presentation;bead, and suitability for a short-term OdUntaiing:MOdetOfIreatnient. 'TalephOniqoounSeling can be made avallable[in lieu of face-to-face ..counseling only at the .request cif the participant, If a partibipant poStesSeS olinicar syMptomatcilogY that recinires (anger-term ardor a different psychotherapeutic ,approaCh to treatrnent the CorripanY wjU work with the ..empiOyert medical benefit plan to either-Make,a-referral to another litaider and/or:proVide these. 'services under•the urribiella of thei.einployeei medical benefit. :d. Range of Counseling "Typ.et: Cbunsoling may include Thdidial, fah*,lanclior marital interventions for issues suitable fOr-a short-term-couriwir4Approp4, Common presenting problems indlnde, but not limited to stress,family problems, marital problems,aadnetstgriet worrying, prOhjethe,..wOrk-related:diffiUltiéS, interperaorial problems.With.Co- workers and.sciparyisOrt,,anger management 15rOblerna,:dibg or 'alcoh01 Use, .:WOrkPlCe viblencei single-parenting proofarm legal :and finandial danOUltiesi coping With Itadicai problerrit,and crisis Conhaeling, e taie.Mahagentent&Follow-Ups: coMpany.: haWattempt.lo with all participants; accessing services to ensure theft. satisfaction Additionally, Company Shall --cdriduct comprehensive case management and follow-up for any participants referred to the EAP on a mandatory basis due :id a job parfotinanda,..oOnOarn, work-place- violence, sexual haisrtint, ør suspicion of.ablottariOe-:.abuse or.fpttlet.,,emplOyer othdo pOliCy violation or ooneernf., , Referrals; For cases requiting inediOal or longer tent/Mara intentlya.behaykorar health interyention, referralswill ha Made by he.Company tO WO,eMplOyero iviedat:Man when indicated, or to another,gnalified:,profetticinal that is within the financial Meant of-the partiOlparit if the partieipenf.ie not covered.by the MajOr medical pan.. Low.c(ist and;free •cornmUnityteferrals are also availablatotAP-participants. • g. EducOitin Prevention: The Company Offert. '8bparvitor and EthplOy.ea WelliesS Trairfrid, Oderisive array of -aduCation. and ,pre9erition seminars are., aVailable employees and supervisors dealing With a*Ida variety of topics including wellnes , stratg. management; coping with change motivating etriPtoYees. recognizing substance other oet.§OnatOrwOitiOrelated coriOerta S.arninait:‘pan ta.:indiVidually-leitOtad rheet.the • - needs OftheerriplOyer and t rpplbyept;kminimum of le attendeeSarerequired tO-atterid. .A . 24.hour:cal-1001010d notice is required; 'failure. tO pridè.-:riOtiOCetiOn Will result in the. ded0CtiOn of-,:the-.number Of Scheduled urs from the Vital.bank:cif-hOure allowed per year, Electrorifc,$eweletters'for.erripldyeis and supervisors are_deeigned by the. Company for dittributiOn by;the employer to prOVide additional eduCatiOnai arid.preventative-tipa.:and. adtiVitieS. Additionally, manyttaitillig Sernipars are available to dOwnload vialhe:Corriperirs. WebSite. Fees include.up to 42 hours of onsite Employee arid Supervisor Training that may be used EmploYer 'OittsUpa disOretiori--for supervisory trAntogiorientation, employee orientations,wellnesailioWri.bag setniriars and health"fair partiCipatiOn (Open enrollinent not included).The Fees.alSO inblUde Sup-to eight..(81 hOimirfor Legal and:FirianOiai training peryear to be used etthe EmplOYerbrouple.disbietion; h. Worklife.SerilceS: Company will assist pailiciparits with balancing personal aixtvork life coricerns,..-Opirig With Maternity and returrilo WOrk,lirrkernanagernent, hatitAre10,1derc?re serviceS, And other work/life issues such as assistance with referrals for adOPtioris,. Telacatidne.,college planning,and adjusting to retirement i, Employer Group.Services: Company,wills provide assistance t the Employer OrOup as needed..TheSe.Servicesinciudeirtimediate resPonSeloally employees coping With a trauma:-Or critical incident in the workpiaoo.within.24.hours of the request the Employer .Group or ata.time and plea of EMPIOyerGrouPss Chootirig.:()ritirulted CISD aistaneiS inauded in the.coritraCt.IcOritract includes uriliated.ACCOUnt Management baNiCeS-arid telephontO.rnanagementOonSultatiOnt by assigned Oorriperiy.Account Manager, j. tontine SeiVideSi Company Will maintain oornpreWnetve online services at p-wdeeroakS:corn,aVailable 24J7 te emploSfe and'their farnily rrieMbers seeking tools, • tips;'articles,:.vide ,'eta;resources to'help-tent Obpe,with'balancing personal:arid work- related istUeS. Health aid WejlnesS-topics,. :Chat wpm,: Discussion Board, and online library are;aVailable.tritoodh the webtite. TrairiitWrogarOing briatitationiOnoVelpenefit preavailablebrilineaS • • k. :Legaland Finahcial.terVICeS Company Shall offer legal.and.finanbialcounselirig.referrals and.resoUrces to employees nd Their fernilY. mernbeit, a free (up • aisesanteht and a reddction.on legal.and financial tourieeling rates with ari in'plan attorney/finaridiat-planner.following any:.relainee. identity Theft.C.Ouhseling,- pal doCUrnent reviews and.Online lageland financial resduroes•Witalso be a9allable. Codfideritiallta Issues,of confidentiality-will be handled With-',the utrtioSt:sensitivity arid protection for the-.employees.rightS!to:pfiVeoy.. The Company is fully HiPAA Cohipliant. Where appropriate,. consent forms 'Will be..obtained to provide. Written authailtation to egOhange.infOrrnatiOn With ariTErn-PloYer Group benefits diteOtorer supervisor in Utilization Reports The Oeirnparty will provide confidential Utilization fkevievii'RepOtetti.lhe EtnplOyer Group on a .itiatterly basis, The reports vW 1nd,uié the ..nurriber- pertiolpahte seeking assistance,te:reasonsfor accessing the EAP,basic demographics for -the:pe41 pertioipaiit‘theloptles.:Si#rOon,andtheritinterof csUs th-serVidee,eriti referrals prOvided, These !rePOrta. will be•provided quarterly to the Employer drOUp 'PartiOlPent. S.efisfactiOndatala aleb.ifickided. n.. Implementation and:PMgrain Promotion: The.dern.Pany.willPrOide initialprotriotloriei Materials ulolltding:en introductory letter to the:employees on The.neW prOVider; wallet.cards,•brochures and 5.two-color informational posters as well as one Employee Orientatidri and".tir10.:$V.berVisorOderitation.'DVD, The EmOldraip;will.lie:resPan8ibie for.reprodOction and distillation'.of direttlnailing..andatherPrOrifOtiOnat materials reqiidated. beyond the Initial Promotional Materiel's. Company will provide ongoing. electronic promotional materials fiyere, payroll atufferk èmaiL artiOes; newsletters) as needed thtougilput the tiuratiOri.:of'thectttraCt term as Well.at a QD.RQM containing'additional :flyers. and posters that They be used as needed by-411-.0 trnployer:.0rouO. The Enhi510.yer Group will assume responsibility for the reprddiktibitoid distribution of theSe prOrriptionat padiCipants..(With the exteptni:of-the initial prorikitiorial fiAtorios.1100d above, which Shall rieJ reproduced by .the C.Ortipany„ at the Gerripanyls, expehSe:Mt!' distributed .by.the'. Err -Group), Company 141 complete COrriprehenS.Ne Needs • . . . • • -• • . ... Assessment 'V ensure Program is customized and tailored tO. meet Employer::Grolip'S .expeOtatiOnS. 2. Fees,. for alraf the services prollided hereunder by COM-Paw V EMPlOyer;600,the Employer Group shall pay V Company an arriOntit per MOnth:0061 to the Per EMPloyee per.1%Ofith (F,EPW rite of reinibutternentroultipliodby.the luirnber of Employer-Gt:OUPfs-eligible..Ernployeet for such month:. For the term:(5-i this Agreement,:that is,.frail January 1,,2018—.Dedettiber11,4022,the.Pet Employee :Per Month (PEF411). rate of reimbursement shall be è guar:a-Wad rate of .g:34 PEPM. Payment Cif SuOlileda Shalri be due quarterly in'arrears,;co(ornenCing J.anuaryl,261-8:. :DOT Evaluations provided for formal Mandatory refertald for. DOT orTitriess-for-Dtity, ill be biled on a:fee-for-SenAce baSia et$550.00 Per..:eyialuatiOn.fdr DOT and:be:payable in.theinOtith f011Owinglheinitialevakiation date. DOT a-erd,ReaSOnabie'Suspicion Training Will be billed'at:V.60;00 perfoukoyieesfOf Other..if)ptional. add-On services will be applied-0`r the tents of.Com.panyi proposal •En11:49YerGnittp, if and When: EtriployerGrOup:pleOtSto add theteSanziceS Wcontract: 3. DefloitiOnS. a. The term Vattiaipantifot pUrPOSet of thiS:Agreainent:shall tneariti)thespoUSe or any child Inaturafor adopted)Of an Employee, regardless of where sobb SpOuSe.of Child resides,and (ii):any child for whom an Employee(or hisOr her spouse)IS a..Ociiirtappoinfed;guardiak and any person residing in:the household Of an Employee. b. The term it OUrigelOr shall mean a.-ComPariY:a tiployeepr.oontractdr•Vilth itiaSters degree or an aPprOpriatemental health belt related.fi.eld. c. The rairriber•OfteSSions shall include appointroents-madearld etasR well à appointments • inade.andlate Cancelled(leas than24,boilirs nOtiOe.:by partialpant)or no ShoWs.. 4. Terni.theterrO of this Agreement:Shall lie fra tnite(-3)y-.0ar period tieginnifigjannait 1,, 2018 thiu. DeCAMbeg. 31, 2022 This Agreement may be terminated eariler (i) by CoMpany, if EmplOyet;GrOtip_failsto pay the monthly fee owing boToundersto.tbippos(pno such failure shall 0Ontinue- farthirtY d*s':afiot' .r.optoyer:Grotiti .119iitkOp:notice:to..dite for 0...iOlyfailure,from CoinPaitY; (11).:by comoft if.Employer Group.shall haVer received three.delinqueriorOOtiCeS:tirider-Seation 4„ifiviiediatelY above,itiany'year;(*by piriploYeraroup.,if COMPany'failatOPeffOrm'arlYOfitsObligatioliS hereunder . . . • . . if COrripariY fain breach of any:Of-its covenants hereunder,and such failure:or breach.coritinueS:for`thirty• day's-after Corrip.any receives written notice to:cure.for such'failure or breach from Erriployer GrOtip-rand '(iv)by Employer Group,With Or viittibUt pause by-PrOviditg-COmpany With bid*fdays written*notide Of. terrnitation.This Agreernent:shall also be'cancelable by Erripioyer.Grolip atthe end•otany fiscal year of Employer Group'in the event thatsmffiglerit.funda haVenOtbeen budgeted fgr•ther%lowing fittaLyear for the purpoeps of thia-Agreemetit,andinthe eilent that Ernployer.Grotiri la.reqUired ,law..t000rripetitiVely bid-or submit.requests for proposals in cOnriadtion with the subjedt•Matter dif this'Agreerrient during Its term Adceas,. •:Erriployeei..and'Pe-rticipanta may contact'the.EAP via the toil free access number-0-.866-EAP-24d0) Employer.Orgup'S.erriployees end their dependents 24 hours a day,seVen • 'days a weel , throughout the tent of INS.Agreement, The EAP O'enter'hours of_oPeratidin are from 7t00A.M. to 7:0.0P.M...(.0entral Standard TiMejelYtonday.ithrOugh Viday,, 'At'all other tittles,tetpil-free line is. answered automatically With the,taller having the choice of pushing one button to be directly connection to-a.trained'ociunaelor, Of to leave a message fOr routine.-busineas.information. Routine .aPPointmentStre:offered generallyWithinttp?(ay business days,Urgent. 46 bout's, and emergency appointments are arranged same icia9.. Company offers a nationwide network of affiliate p.roViOre. loOttiOntishaltrriakeevery effort.to.-garticipants specific request f.ge an appOirdnient time priodatign. counseling-service:Se-is:WO-available: SeiVide Locationst:Comaiii shall proVida counseling SettOes at the.Cotripailysgpoti Affiliate$`..office locations. Qn4te counsEilif4...at tti0Vbrkpfpce.will Als0be prb ded'at.the req0eitorthe Employer Greuivacatirding to the termatoritairied herein. 7. Determination. Company will Provide„SerVices,to all.partidipants Without requiring a epecifig,-Verification prodese,of zeaCh ernployee!S Current ertiPloymerit Status_ COBRA partiditiaritsaaWl1aaemployees:WhOrnheed-support duringlrieir transition followitiO:their termination-Of. etriplOkildritWithErnplOyerGraip Ili/ill:01SO je elI 'blefor'andtt '., AFcounselmg tOriiid0g...frppioyer GrOii-p:.Will kotity the riumbeit:Of 0111019Stees eligible for the EAP)10.n.efit eddil "Oar reimbursement to Companxt aotofiliriply..CorOgny will dontabt.trfiployot.,Grotip if Ati.eie...**arvIel:Itie. sighifiCaritecesstif the EAP beriefit.by ariyOneWho is not • . . . . . . . . B. Company Representative. The ConVariy will assign a primary.representative..at the • . discretion of CornpanY. Alicia Berretat the.COMpanys EAP.APPOurit Manager, shall be.the:Ornery representative Of Company fOrthe::PuiPotes df this..Agreernent One'itOmpatiy Representative'). .Mrs. Barters addretts„telephone and:faX nUtnberS.are as'follows: 126 Main Plaza.tte. .8 San Antoriip,•TX.. 7.810$; Telephone *No. (21:0) .569.-9162t Fax No. (210) 669'-8157. The tot:poppy. may also ?assign. •additional AccouritlVlariegetnent Specialletalolheieam handling the account etine.corripanys distretiOt or as*needed. Employer Group they contact the Company .Reptes-eritatiVe (or designated-assistant) 'directly regaiding:any•pyeatipns,,ptdblerna, pi-concerns EmplOyer•GrouP.may hayeWhich ate related to this Agreement Company may change the person designated as the Company Representative by Prior' notice to the Employer Group;.provided, however, that:Company shall appoint a'replaCemenf Company _Representative 4tarytimewithirahirty daVs;afterthe receipt of a request from the GibuP, 9. :RelationShip Of Parties. it is •UnderStppd by'the.-parties that the ,COitiPariy. is an independent Contra:Mr, and not ,ernpipyee..cif:the Employer Group. Employer GrOup.till not' pitiViddi fringe benefits,. :heeith:insurance benefits,:paid.vacatioh, *iy •tith-or eitiplOyea• benefit,.fOr the...benefit Of th.e.COMPeny. 10 Entire Aureemerit This agreement supersedes any arid aliPthetegreernetit'S„,eitner oral or in.'writing; :between the.;parties heretO with 'respect 'to The 'SubjeCt:matter heretif., and tiO other agreement:,statement,, or promise relating to the subject:Metter of this Agreement is binding:unless in writingalgnesi and-1:101y executed by botroartieS, CorifiriiihiCationd with.ErtiplOVeet ptcithOtiOnal or iniotrnatiOnai merials shIl.be disseminated to Employer Group'S.employees without The:prior'Witten. approval Of Employer•GrOuors Representative.The Optripany'RepteSentatiye incpnriection,With EmPlpyer Group':s Representative Shall • pfepare an initial, explanatory PacKet for,distributfon by EniplOyee.Onpup'to.all Employees nO later than .tAib Weekt piltirtOthe:CP.MetiencertientdatP othabnta.ct. 12 Eiteniied%erviOet.,:keferralito the health for.ottprio?O'AprvIce..will be made based okayniptorn Taevetitit ana,t110.:oilenta ileatInterosta,•Oornpany ablatoopntinue.counseling eiVioeS under Employer:Gro00).a.:current healtkplans, if Company Ts:a'participating provider and if such services are Coveted under such plans: If the participant reqUireSadditional rotinSeling)but such counselingiartdt •• - • . . . . ....... covered under an apPlibable health plan, then Company shall refer such participant fo appropriate Corrirritiriity health.services,orifthe participant prefers,the.partibipatit:may continue tOuse the services'of ThesoOmpany on a priVatepay.basia.. 13. Standard cif:Care. Company Shalt perform its; dutieS and ;0)Agations .under' this Agreement as efiduelary.Of ErnprOyer•GrOup Employees and ttidirreSpectiVe dependents;:arid company shall use the care,•skill,,pruclenCe, and diligence in the performance.Of its duties and obligations under this Agreement as*tilted by..011 applioable professional standarda and laws, 14.. Edna! EniplOyment: Opportunity.. 'Company :Shall -not:discriminate against any employee Or applicant for employment because of race, color, religion,:sex, national origin Or handicap' and'shalt otherwise ocirriply'With all'applicable reOpitetnente set oot In Exectitive Order 11246,entitled. 'gaper.ErbployMent Opportunity as amended .by Executive Order .41375, and as supplemented DePertiteritatabOrRegulations-41 CFRPart 60; Notices..Notices provided hereunder .must be in writing to be effebtive, and shall be deennedrebeiVed.upon the earlierlOpOcarof(i)actual reoeipt;:tifOlythreedaySetter'the$MO are mailed by U S certified or.registered-Mail, postage Prepaid and 'return, receipt teOtieSted, to the following address,-Or tosuch other address eS•thell have been tqv .'èdby hctiOe to Employer Group:.Brazos County Jennifer Salazar 2I-.19 •Texas.Ave anAA..1");.1 #0. 070134-1401, If tb tortiPa : isAS,Aidia Oarrera. .Directorof EAP.AcboUnt Management Deer Oaks EAF!Services, LLC 126Noin Plaza* San AntoriloiTe)taS 78205- (21 615-3418 (21 0):.-56§.4157 1 AsSqnmeht. This Agreement APO.not be assigned by-either'party Witboot-1W pbor • written-boriSentOt 177 Indemnification, Company hereby assumes all.risk:of loss and resPOrisibility for and hereby e&ee,to SIndemnify and .hold EfriplOyer GrOpp, its trustees and Employees (colleCtiVely, the "InderrinitieS1 :harmless from arid againat :any and .oll..cieirbei causes Of stations, demands; suitk .7 . .• . . . . . liabilities, recoveries,itidgments,.costs and,expenses (including reasonable attorneys' fees) which are asserted by a patty other than'Company against or incurred by any of:the Inderrinities,.to the,extent caused or related tOthepieiformande.Or failure to pectorni of Company under thia.Agreemerit,,Odept to the extent Caused bythe negligence of any of'the Indemnities: 18. CortiplianCelivith-.A8.Laws. In the petToraianCeOf duties and obligations hereunder; Company shall ensure that:kit in compliance:with alt applicable federal, State,.and local laws, rules and regulations, including,but not Hated to, all'applicable.rightS.and reguletiona.chheappropriate liceridUre board(S)„and all laws,tits, end regulations applicable to patient confidentiality':'It,shall be ihe-titity 'company; and not Employer orotip,.to ensure.that:no information shall be provided by Company to Employer Group-that--wOttici.constitute aViblatiOn.pf the.privacy -fighte of a.participant, even if.SuCil information is requested by EMployer, Group, both parties acknowledging that tottpday, and not EMplOyer.Group.shallbeyethe.obligeticin!firiderthiS Agreement to beaware Of the'triostOurtent version of §iiOn COn#dentiality laws, rule nd regiildtionS; Affiliate providers riatiorivincle Will 'Uphold- their professional and ethical responeibilitieSaccording Vithairparticuiarstate rUlee.andtegulatiOnS., •GoVetnino:Lai,. This Agreement Shall;be governed by, construed and. interpreted in. accordance With thelawedtbeStatedfTexaS.: Mediation. Any controversy'or claim.betWeeti The-parties arising.tinder tiliSSAgreertierit eDispLitely must,.est the terSieSt'of-either.party,.be r-submitted to.blediatiOn,if either party desires That d: disptite be sUbrnitted to triOidtRin,,then :suOh. party Shall SO notify'the Other party,.by written notice Within ten days after the receipt-bf....vqty notice;the patties shall jointly appoint a mutually,addeptabler neutral attorney-mediator to..rnediate the.dispUte (the Mediator).'If:the;parties are unable Ii5dgree:upon such apPOiritnient wittinsuch tenday-.period,,either'patty niay.teqUest-a Cotirtlurisdiction:Otifie Dispute. tO.appointe.Mediatnt: The.partieeOr the.court will hold a mediatiOn conference within thirty-daye after the. appointrnentof,the Moicit4tor.. The'mediation Coriferente will be condUcted in accordance With:the'foxes AlteenatiVe 1)1.Spute'Resolution ProaedUrea Adt:.CMPraOtice:and Remediaa.COde,:Sebtidris 1§4.Q.0t,, 154.075,.•Thefees of thelitediator.will be:shared•equatty•beirmen the partieS. VYITN5SSWl-igkebithestindereignedllava exedOtedthisAreeMent is:,of the daVentyear first abOVe written; EMPL : RQUP; C #anty. DEER OAK P SERVICES, LLC By • I 2 110,1. a Aficia:Barre,c_ Executive Director Date /013) (1 e•5tw`�� r !.'- `�TYcsr����•• BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Road and Bridge NUMBER: CC-2025-Utility Permit-Wickson SUD-5838 Broach )ATE OF COURT MEETING: 1/28/2025 TEM: Consider and take action on the Wickson Creek SUD utility permit to construct a road borE at 5838 Broach Road to provide water services. Site is located in Precinct 2. -O: Commissioners Court 'ROM: Joe Salvato )ATE: 01/23/2025 =ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit-Wickson Creek- Utility Permit-Wickson Creek SUD-5838 Broach Road Backup Material 5838 Broach.pdf ircarw,o.ar rrvr ..G...vwc.onc . %N••. • • 3� • BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2025-Utility Permit-Wickson SUD-5838 Broach DATE OF COURT MEETING: 1/28/2025 ITEM: Consider and take action on the Wickson Creek SUD utility permit to construct a road bore at 5838 Broach Road to provide water services. Site is located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 01/23/2025 FISCAL IMPACT False BUDGETED: False • DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit-Wickson Creek- Utility Permit-Wickson Creek SUD-5838 Broach Road Backup Material 5838_Broachandf • APPRO .': D .1 . Duane Peters Date County Judge https:l/brazos.novusagenda.coralAgendaWeb/CoverSheet.aspx?ItemID=30052 Ill APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024,comes now Wickson Creek SUD [company name], hereinafter referred to as"Company" a Texas [state]Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a water line under and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION _ Road Name&Block Number Crossing (CHECK ONE) Bored Jacked Driven Cased 5838 Broach Road 60 LF X X Facility to Parallel Contny.Road Within Right-Of-Way Road Name and Block Number From To Depth Distance l N/A CONSTRUCTION TYPE 1" Diameter 0.133" Wall Thickness 2" Diameter Encasement PVC Encasement Material Material Specification PVC Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks alter complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company falls to obtain a permit prior to the installation or does not install utilities in compliance with hhstallatiou requirements set forth herein(i.e. depth,location,etc),Company assumes all Almelo!responsibility far damages and/or destruction(Vanes,cables,etc.based capon its failure to comply with Brazos County requirements. Applicant agrees that II'Brazos County demonstrates a violation of the terms of this policy,Applicant stipulates that requisites for Injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit Is a revocable permit. Brazos Comity reserves the right to revoke this permit at any time, in the sole discretion of Brazos County,for Interests of public health, safety or welfare, or for failure to repair any damages upon demand,prior any other reason deemed sufficient by Brazos County In the event Company falls to comply with any Of sill of the requirements as set forth herein,the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notlficaton to the ApplieasVCompany. Failure to obtain this permit anaYor notlfp the CowWy Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this permit. atieei CAgar6 SALP• Company Name • By: SielViEset Title Add ss. City Stile Zip Telephone Number VA3k0 Ci►*S.J aP!Gr+P Garv%. Email: WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated January 22,2025 except as noted below: (Month/Day/Year) EXCEPTIONS: NONE 2c/, Bra ounty Engineer Z(t ROAD R IG HT-0 F-tNAV �, c1a- k0P(. ......_ �}�. yv�%�,5 CENTER LINEOF COUNTY ROAD M SHODU NORTH ARROW v ROAD RIGHT-O F-UUAV 1 it I7VC C V 11 I '83Cd y PLAN VIEW C ENTER LINE i / X (0°' F x i \ Z 1 7---1------4-"P\H---------------N\ 3' 5( 1 z" Epick5e4a,v, ,i, (-I 1, u iCOUNTY ROAD 6011.6 TYPICAL SECTION rvc. 1 . IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW sHow DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW AND/OR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/OR SECTION Brazos CAD Web Map d x�l".* ,if , iiii*e ' ' '-' . 1(111Pr' , .4. 4 t i '}p V4 - • 1 o ` 1 t3 ,• • 4" Yf r i : \ - . ( 1 ' 1 _ ':7 1 t 0 . , L . 41 \ y .1I, l! 5 \/ 1 ..0., L i .1 1 d # • \ ,,,„.., - .., .. .-'. }: i*: ,'„,....,4,-,.1;:::::41,, sii : ,,:', ..',4,:, c'..,,,, `4 1. s e f , %.-\ ' ':11:''_...:7.'..e:" ' ' , " CUSTOMER MELINDA PEREZ DRAWING FOR:5838 BROACH ROAD I' PROPOSED 60'ROAD BORE USING 2"ENCASEMENT PIPE _ WITH 1"WATERLINE ENCLOSED 1,+,j. ' M� ' ' DRAWING BY:KATHYSTOVER 1/17/2025 1/16/2025, 1:27:52 PM 1:4,514 Abstracts I Parcels 0 0.03 0.07 0.13 ml World Transportation 0 0.05 01 0.2 ion ®Op.Wre 04"(end)conributors.CGBYSA.Esd.HERE,fPC DledebAsr:This product b for InloeruwBa,ol pu,poaes only and Ras rpl been prepared for m be sulmWe far bgal,°nyrmoAoD.or surveying purposes.It does not represent an on ihe.yrns,d surrey and represents only the lops/Amos eve beacon or boundaries, BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices(`BMP")(EPA and TCEQ both provide lists of examples of l3MPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Perntittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safely Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMU"TCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Perm ittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary, in order to safely conduct the public through the project arca. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I. A traffic control plan, pursuant to the 1'MUTCI:) or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit. excavation, hole) left open over night, requires specific.nighttime traffic control measures pursuant to the TNIUTCD; I). If construction is within ten (10) feet of the roadway: or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed 3. Plan must set forth the tulle of completion for the job. D. Resign Standards . All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Testis Utilities Code, Section 181.045. 2. All pole installation(including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these arc minimum depths -utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six(36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow Tine and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power—0-2 feet, nominally I Phone--2-4 feet, nominally 3' Gas—4-6 feet, nominally 5' Cable 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however,the County Engineer or its designated representative will provide final approval ofeach utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if'left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAN/WEN b. be pressure grouted for the full length of the crossing lithe annular space between pipe and casing and soil exceeds one(I) inch. Brazos County must be given 24 hours notice of-pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. 'l:xDOI'Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than S hours, clue diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfillcd with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the hunch prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANIN"I'cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface orally improved County road will not be permitted,except in an instance whereby the laying, construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit seeming necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work I. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs•to existing facilities 1. Maintenance and/or repair to existing cables, conduits,and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. If. High Pressure Pipelines 1 . All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non-controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline • 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3.'Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest Glitch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" • minimum. m. Under no circumstances will a pipeline be installed parallel to a County•Road within the Right-of- Way. 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I 101%Oka" �a0O1 041011.40. wiW.1®: ,,,,.os tw.w• ■ `• 4 ■ - 01.OLD) Q1i OY3NY Ot-0Zp0 a7.x �w.•.ere.s ,,...t„!n wt:a.IS 0 D+..10dK .ry t•I•19 - p 1♦tt D,ou paGl I x1Q 4 )IbOY .•=z ozo I 1 Ov3Hv •1Z a,0u a•91 I OVOU ..q u01••0 c,JOY aos ••00DI1 OD11 1 kYO■ eul z!Iauunu0 .01,0.10 0* [> 1bIS I aaa�0Y0a I OYOtl.,- `- .o 1,.9P I • • !i9 I0N)at*O;S 00o4••p ,q' D.100040.4.4 Du:U4o„ gt , I I . •,�onpOlnu)•,aa1.o .•1!0a C.�Ij`�� 1 • . Oq•,w 0Kl OY34Y • I tvn11 .D1ww1n a.0:u0a ..OS A.P. •____ Olz aloe 0451 .12;.4n 3000 99 swt.•0 O..Ial1•..a*I3 •■ 000011.00 C•043 1.1 Ou:z11 000 SIa011 avow OYOO DN3031 01,13 • . 1 44, Y�g 8 BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Road and Bridge NUMBER: CC-2025-BTU-9345 Dilly Shaw Tap )ATE OF COURT MEETING: 1/28/2025 TEM: Consider and take action on the BTU utility permit to install aerial 3-phase crossing at 934: Dilly Shaw Tap Road to provide electrical services. Site is locate in Precinct 2. "O: Commissioners Court 'ROM: Joe Salvato )ATE: 01/22/2025 'ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit-BTU- Utility Permit-BTU=9345 Dilly Shaw Tap Backup Material 9345 Dilly Shaw Tap.pdf Y 64¢ BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2025-BTU-9345 Dilly Shaw Tap DATE OF COURT MEETING: 1/28/2025 ITEM: Consider and take action on the BTU utility permit to install aerial 3-phase crossing at 9345 Dilly Shay Tap Road to provide electrical services. Site is locate in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 01/22/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit-BTU- Utility Permit-BTU-9345 Dilly Shaw Tap Backup Material 9345 Dilly Shaw Tap,O APPRO i'E+D 4/1 Du. e Peters P ate County Judge https://brazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?ltemlD=30043 1/1 APPLICATION FOR ELECTRICAL UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY,TEXAS Pursuant to the Texas Utility Code, Section 181.024,comes now BRYAN TEXAS UTILITIES (BTU) [company name], hereinafter referred to as "Company" a Texas [state]Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative,and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate an electrical line under and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name&Block Number Crossing (CHECK ONE) Bored Jacked Driven Aerial 9345 Dilly Shaw Tap 80 feet X Facility to Parallel County Road Within Right-Of-Way Road Name and Block Number From To Depth Distance The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 10 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day,Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right,title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines,cables, etc. based upon its failure to comply with Brazos County requirements. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County for interests of public health,safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or a 11 of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below,I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Bryan Texas Utilities Company Name Cluis Lenz By: ature • Line Designer Title 2205 Fountain Ave.Ste. 100 Address Bryan TX 77801 City State Zip 979-821-5865 Telephone Number clenz@btutilities.com Email APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated January 22, 2025 except as noted below: (Month/Day/Year) EXCEPTIONS: NONE fOl(L .&____---- , Br s County Engineer CUSTOMER NAME BRIAN KUNTWORTH PHONE 979-820.3044 DRAWN BY CHRIS LENZ 9/20/2024 MAN HOURS SERVICE ADDRESS 9345 DILLY SHAW TAP RD CHECKED ROBERTO LOPEZ 1l13/2025 INSTALL 39.83 PROJECT NO 2409-R-52490 JOB NO 55736 REVISED REMOVE 0 BRYAN TEXAS UTILITIES 979-821-5770 cowl'TYPE OH PRI(OH) PAGE 1 of 3 f \\N f" 9349 9345 SHO111 II/, NEW SHOP .N //://///:/: „lw ' ,,, / _k— fir' A / r r` 1 Zi )t, r, i EX 1 ,f ' INSTALLING A NEW AERIAL THREE PHASE UTILITY LINE ACROSS DILLY SHAW TAP RD. sc�e�'= - \, THE NEW AERIAL LINE WILL CROSS RIGHT OF WAY.THE LENGTH OF LINE IN RIGHT OF /ter, E WAY IS BO FT THE TOTAL LENGTH OF THE NEW LINE IS 103 FT.THE UTILITY POLE WILL' BE INSTALLED ON PRIVATE PROPERTY S 1 —— CUSTOMER NAME BRIAN KUNTWORTH PHONE 979-820-3044 DRAWN BY CHRIS LENZ 9i20/2024 MAN HOURS — SERVICE ADDRESS 9345 DILLY SHAW TAP RD CHECKED ROBERTO LOPEZ 1/1312025 INSTALL 39.83 PROJECT NO 2409-R-52490 JOB NO 55736 REVISED REMOVE 0 BRYAN TEXAS UTILITIES 979-821-5770 CONST TYPE OH PRI(OH) PAGE 2 of 3 GUY POLE N.E POLE PRI. PRIMARY SECO NOARYAND SERVICE SECISERV -ECONDARY/SERVIC. REMARKS NO. or R WC SPAN UNITS WIRE ROU • UNIT LEAD ANCHOR UNITS SPAN WIRE MISCELLANEOUS UNITS 175 CF10-2 A (3)477AACB-Pil 4124CSR•Neu 22 EXISTING TRANSMISSION POLE (3)WL477 Lat 30.792896 ST41V ong:-96.306460 C7-1 B MS-8 (2)M5-5 03'-A igtr;,1X-:',-c--'-:-.:,`.44.,.Y.'..:7 1 4flicIAM ?! 1 22'. ,.., -.---f.-• -- -,,,,,,-4,-,-.•,;.if ,-..:,..-7- •::t-;:ii Kii:41:si ' ' - WZ-2 - ' Z:-.-. 5,1-1.iii; - '6. -- -;' ,.:.,.7:-.., i 1,-',.''-',:1,-. .. -4:4?tz---, ..__. .. -1-;„ 2 i--- .. . -'-'r':g 4.-17VitV"if'C.,. •-g,,':'. I 14_:;11.::::iel,ilium::,;:tivils--4-,.. .,4:, -..L--,,,asAl ::::.*::::;437ftv.t1 it.W3685ii1A-- LigL,....,--/•. .,-: t4 r,-:. ,FI z0,-,..*WiimfrliAlt...,,, -- tztAeft45.14:af M 1111111111=*,t ,, ,,, ',...,,,,:-4,:.:.- ' t'rcrzi-::."- -.•',.-.,* ELortitg.65$.947,0411E4 ::':'77,147,Thr11E=11.11 :::,:74 ;:-1,141;j::':,;'; i , 1 1 , Drawing Remarks: conductor Type Line Feet 4 of Wires Wite Feet 1/ ACSR 103 4 412 I ' 1 CUSTOMER NAME BRIAN KLINTWORTH PHONE 979-820-3044 DRAWN BY CHRIS LENZ 9/2012024 MAN HOURS SERVICE ADDRESS 9345 DILLY SHAW TAP RD CHECKED ROBERTO LOPEZ 1/13/2025 INSTALL 39.83 PROJECT NO 2409-R-52490 JOB NO 55736 REVISED REMOVE 0 BRYAN TEXAS UTILITIES 979-821_5770 CONSTTYPE OH PRI(OH) PAGE 3 of 3 N(I 'h2 N FM 2038 i 1ta � 'S Pf�5 Vo O !i SCats:1'=775 hat BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A, General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Pennittee will use best management practices("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4, The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Penn ittee shall not interfere with other utilities located in the right of way. in the event damages occur, permittee will be liable to the County or other utilities running through the right of way 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public, If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such . project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCI)). See Traffic Control Requirements below. 2. During construction,all safety regulations ofthe Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road.Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way, Exceptions may be approved by the County Engineer. C Traffic Control Plan I. A traffic control plan, pursuant to the 'FMIJTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit,excavation, hole) left open over night, requires s aE ecif►c nighttime I affie control measures pursuant to the TMUTCD; b. Ifconstruction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; • 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards. 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths -utility may place deeper): a. be placed at a minimum depth of forty-eight (48)inches below the top of the pavement; h. be at least thirty-six(36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. #, Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5- Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power—0-2 feet, nominally l ' Phone--2-4 feet, nominally 3' Gas—4-6 feet,nominally 5' Cable—6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however,the County Engineer or its designated representative will provide final approval ol'each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over[tight or unattended, 8. CI nssings under a county road shall: a. be bored or jacked. ABSOL,UTEI Y NO OPEN CUTS Wli 1lIN COUNTY ROAD PAVEMENT; . h. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item :IA shall be followed`for all boring,jacking, tunneling and joints. 9. Bore Pits a, no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling.Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying, construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the tubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13, In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of"No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work I. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used l Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits,and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: i. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road,any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. If. ffigh Pressure Pipelines 1. All utility Permits for high pressure pipelines(generally 60 PSI or greater), whether pertaining to controlled access or non-controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must he provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth "Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way. Transmission lines have been determined to be petroleum pipelines(which includes natural • gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. ♦ . 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I • 5. •mfr:m01;moo.0Mis.es.1•n 11040 net c4 m•:11m.d Ott oa..o g` - y/IpCO,M o tIC..0(001 in crow,.O 101.0•.:OM on,.•.Sews CMMenne..2In• I a • - I ® I 6,5R 12015.11 for 51 olar oars 01 ai.:000 n10n.aya, e.Yes•.Oys 00 �NI peoa•e 7.A • e $ I A •i _▪ . r.CIII'S•5,au0C■tea.••io+s soy 1v nand 1n Were of 2120-ID 1 0 •MAO ICU.•.000•s10•.Ice e.e.1104r..do.o1 den.en•:noel 1 ENO $ a,s.l.,it:.. I $ __..._. _ i rw).e,4. ROAD WORK g D.,4... ,n /� ;, 1 b 14 ♦ ♦ e 2. V I`U' Ito . g I See rose 2A I ROAD I 8 h 4ti I i > i WORK _ I AHEAD A ■ .., 1 j5 i`-`. A i I TISAIt CO. V•4 p 4.4.no �. I M 7v ". ®Tess■DapQfnams a.7lp ower7ayhw7 11 y 4U' .0 S..rose 71A ■ I t5x Pros,¢. I S 71 ♦ -. ■ I • I \`. • RoaD END - TRAFFIC CONTROL PLAN PORK - ROAD WORK ROAD CONVENTIONAL ROAD AHEAD •czaz WORE SHOULDER WORK a20.10 40- 12a• AHEAD r...note DA ern-io TCP 11-101 TCP (i lb) 5 TCP it ICl Ue° 1op TCP(I -I )-1800 ro0• 1 6 A 54,rotes I y n 1... I" • 1,21.1.11.4. , WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER Ci'"z' 'p`„"""OM '" • Conventional Roods Conventional Roods Conventional Ro000 ;t, FN.• r. w.1 n� r 11. Is1 1 ILA-LO rVR I'te:C;Ut1U DATE /v19d ~ AT O'CLOCK M AFFIDAVIT RE CQUEEN TEXAS LOCAL GOVERNMENT CODE,CHAP By ZO C C K STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME,the undersigned authority,on OC g9 JAG5 personally appeared MAI (\WW1. ?PAIN t'3 *kL,J ,who being duly sworn,deposes and says: 1. That he/she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. I CL of the Court Agenda dated I )$a 2.D05 described as 6 iv U h I i perm t • ,would have a special economic effect on that business entity or a special economic effect on the value of the real property,that is distinguishable from the effect on the public. 2. That the substantial interest is(check the following as is appropriate): () a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or$15,000 or more of the fair market value of the business entity;or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year,or O c. An equitable or legal ownership in real property with a fair market value of$2,500 or more;or () d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as Si V�definedfi above;or { , e. other , on f7 U v SOO d 3. That I will abstain from participation in the matter referr t ' em /inks aw. Signature SWORN TO AND SUBSCRIBED BEFORE ME this the 99 day of U 20Z +,�M••�n AUB1tEYIETT Notary Public in and for Notary iPablic,Stats of lbsaas he State of Texas Notary TIM 13189102 3 •F `'".P.: M COMM.Exp.February 12,2027 4 Filed: ,County Clerk x h BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Road and Bridge NUMBER: CC-2025-Brazos Wifi-Tejas Rancl Loop )ATE OF COURT MEETING: 1/28/2025 TEM: Consider and take action on the Brazos WIFI utility permit to construct six(6) road bores under Tejas Ranch Loop to install fiber optic cable for internet service. Site is located in Precinct 2. -O: Commissioners Court 'ROM: Joe Salvato )ATE: 01/23/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 Permit is for road bores ONLY. All other lines, conduits or appurtenances that DOTES/EXCEPTIONS: parallel roadway must be placed within the platted subdivision Public Utility Easement(PUE) ATTACHMENTS: File Name Description Type Utility Permit-Brazos Wifi- Utility Permit-Brazos Wifi-Tejas Ranch Loop Backup Material Tejas Ranch Loop.pdf g • ..'0B Op."-, BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2025-Brazos Wifi-Tejas Ranch Loop DATE OF COURT MEETING: 1/28/2025 ITEM: Consider and take action on the Brazos W1FI utility permit to construct six(6)road bores under Tejas Ranch Loop to install.fiber optic cable for Internet service.Site is located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 01/23/2025 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Permit is for road bores ONLY. All other lines,conduits or appurtenances that NOTES/EXCEPTIONS: parallel roadway must be placed within the platted subdivision Public Utility Easement(PUE) ATTACHMENTS: File Name Description Type Utility Permit-Brazos Wifi- Utility Permit-Brazos Wifi-Tejas Ranch Loop Backup Material Tejas Ranch Loop.pdf APPRO •1 D lbI 4 Duane Peters 'ate County Judge https:/lbrazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=30055 1/1 NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Brazos WIFI [company name], hereinafter referred to as "Company"a Texas [state] Corporation, with authority to transact business in Texas,acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct,maintain,repair and/or operate a telephone facility under,over,across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore 70 feet under Tejas Ranch Loop starting at the first intersection of Tejas Ranch Loop from FM 2038 at 380 feet, 715 feet, 1435 feet, 1840 feet, 2150 feet and 2505 feet. Crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. Direction boring will also be completed in the 16' PUE along Tejas Ranch Loop., The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction/work within 60 working days. (COMPANY MUST FILL IN).If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima fade evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardy By: `/[fit qAJtq Signature Project Manager Title 12135 S. Hwy 30, College Station, TX 77845 Address (979) 999-7010 Telephone Number tim@brazoswifi.com E-mail ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated January 22,2025 except as noted below: EXCEPTIONS: Permit is for road bores ONLY. All other lines, conduits or appurtenances that parallel roadway must be placed within the platted subdivision Public Utility Easement(PUE). „foci_ Br County Engineer -- i. sos WitI • / " -4 i` i .,amottimil r aaaelitokapis pledlmp yMho Ys rswaf ne pkr R rdtIai M203aa ' Q 1, TeYet a W '=Imaa - _ 1 ' '•' Ooilogi insariah et4r uad$ tos.iM ownesNachae9are<mm�d® aa emlaamdrfroasey { x + 3 sp4 ,"-`tt....s. .; `*� 4{ �T: �.. til %" aC t :"':::-{:::. y 9�� A ''''. I'-'-'411 '''441...;'8:14'1.'!.:'-' sir 9 • .� . Li` ilk Ta- r l '' ''''''.': )'', 1;4.47 �f � fit ` -,1�� - - abbe- J r'. Google Earth ti • g__,.., CURVE T . 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MAMA 0•401,1A Iv: ,�J 4*522 "MR uun OMM• C 35.013 ACRES �`,f// i 1 X BLOCK I l 1 k1 1.\.;[, 1w..e ,I _ __ waD.o IDIOM gm Boa a.arn0 un i i j I I i I. a�\F. 1 I 27 w l ? I1 ncO•2.W19142 f a' "1.0C.�C'R[�P ,""` l 9 ,{r: "" '. 1 e, i� R.O.W.DEDICATION-8.257 ACRES g /'/rr 1 ,Y Pf. i . S. 1 F wi.P $ j J r.m I I i VICINITY M P 4 J.w.STEWART SURVEY.4.212 1 ffiT.• r. !7!.IM• .. 1 2,DaM• I T171• t ItS,R __..._-- ___ ,'•' �ICi.T 'Pa SCAL[: I'-RO' JUPC.2004 •V S45' O'QpmiN-1187.38' ,.yla,j.r 1'y • LEGA1>Ol1� �vi REVISED JVLY,2004 ��.,#-..- 1� 1 o s V/11CVfAA9Ea: ENCIMEER: • .4m. / r am mom o c ti " ,f.r. T CON y11, .A a , ' I 6 51i7VEY0R: // 4u°. '` •f 4 mr..t....1.Pi..A.R1+.aft • Goma,. Cwlhacfaas / /, sAa ID 1 � t( 1V 'P' M r1t 4. Ur.,L.Ma V.I. 1 l it N I•PEP _ ''\ Qti % (MO 12A� Kamp/i 11m27I Tom MO f P • KI1[Y PEP (gap ae-nn, • BRAZOS COUNTY ROADWAY SAFETY ANI) ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("I3MP") (EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior • occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not perrnittee's plans shall inconvenience the public. if it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. P. Safely Requirements. • 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area.Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C Trraffic Control Plan I. A traffic control plan, pursuant to the TMIJTCi)or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; h. 1 f construction is within ten (l0) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall(these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48) inches below the top of the pavement; b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten(I 0) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power—0-2 feet, nominally l' Phone--2-4 feet, nominally 3' Gas—4-6 feet, nominally 5' Cable-•6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or duets may not be longer than 400' if left open over night or unattended. • 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WI VI IIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe. and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDO'I'Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control flan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed thither from the edge of road. 10. Any installation within ten (10) feet ofedge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented front entering the • trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of-the County Engineer or his representatives. 1'. No side or lateral tamping to till voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-ot-way to the condition it was prior to commencing construction, 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying, construction,maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. in the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. "i he applicant shall submit a letter of-No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. • E. Emergency work . 1. In the event Company is required to perform ems rgency services, that requires excavation in a County Right of\Vay, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify,County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used_ F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G, Relocation of Wiliam 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road,any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. If. High Pressure Pipelines 1. All utility Permits for high pressure pipelines(generally 60 PSI or greater), whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception attic maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest thick grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than I 0' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18'' minimum. 5. tinder no circumstances will a pipeline be installed parallel to a County Road within the Right-ot= Way. Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. • .... .... 2,2 u tl Spook' I DUO!4Ue0AUO3 SP00y 8000!IU0AUOD 5000a I DUO!�U.'1A8103 -- - , 6s1n•a ea.. " t'• av »•I... 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LMI ° I arcs - iQff .a00ol0 OD 0010 1 NHOM O.,:r1.ou.Aq-�T .11 al ••S ^a; �1� I )ImoR am I ovom ` ~-: e. •Y00A n . • roll>lllwt CY' �a T .Sr x eD I • ;099 .,... uD;S c00s.aa1 osoo0 w..r fl...,,.J Elj I • 11- - tl. s.OeeOueu]•„b1..a OD.+eOpr..a11o,1 , TId•■10u AN51 3 Or3NV Arm, .VIO*•.7I1r a,0luan 0.00',.6.0 •1�I-�1� • ' -rl 0 -or S D0•u00o ear,' a1. , ®f2 alOV aa51 t..xn SIaOM 7; ■e _ o•a••p 000a sea:Ap['curt ID...WI moo, c was caa w:rlle...eu] rang OYOa ON3031 0N3 ♦ . „..",_ BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Approval of the Treasurer's Report for October 2024. 'O: Commissioners Court )ATE: 01/23/2025 =ISCAL IMPACT: ' False 3UDGETED: False )OLLAR AMOUNT: $0.00 kCTION REQUESTED OR Approval kLTERNATIVES: ATTACHMENTS: File Name Description Type Treasurer s Report October 2024.pdf Treasurer's Report October 2024 Backup Material Treasurer s Report Approval October 2024.pdf Treasurers Report Approval Backup Material OCTOBER 2024 TREASURER'S REPORT CASH BALANCE INCOMING INVESTED SUB-TOTAL DISBURSED CASH BALANCE 9/30/2024 INTEREST 10/31/2024 0100-GENERAL FUND 175,972,373.87 4,785,442.21 531,438.02 181,289,254.10 14,528,243.72 166,761,010.38 1100-HOTEL OCCUPANCY TAX 6,547,360.33 413,396.85 6,960,757.18 69,081.02 6,891,676.16 1200-STATE LATERAL ROAD 263,366.52 30,926.52 294,293.04 0.00 294,293.04 1300-UNCLAIMED FUNDS 501,637.78 3,368.71 505,006.49 0.00 505,006.49 1500-LAW LIBRARY 172,604.57 11,783.31 184,387.88 6,037.30 178,350.58 1800-LEOSE FUND 81,233.52 0.00 81,233.52 143.98 81,089.54 1900-COUNTY RECORDS MANAGEMENT 698,945.71 3,789.34 702,735.05 0.00 702,735.05 2000-COUNTY CLERK MGMT.FUND 1,302,819.94 32,334.62 1,335,154.56 15,137.02 1,320,017.54 2001 -COUNTY CLERK ARCHIVAL FUND 1,475,665.16 32,339.23_ 1,508,004.39 157.35 1,507,847.04 2200-COURTHOUSE SECURITY FUND 158,836.04 9,523.60 168,359.64 1,872.89 166,486.75 2201-JUSTICE COURT SECURITY FUND 257,061.47 4,543.42 261,604.89 0.00 261,604.89 2300-DISTRICT CLERK MANAGEMENT FUND 305,615.56 14,773.29 320,388.85 5,646.04 314,742.81 2301-DISTRICT CLERK ARCHIVAL FUND 1,595.63 13.63 1,609.26 0.00 1,609.26 2400-JUSTICE @ PEACE-TECHNOLOGY FUND 70,418.05 3,017.96 73,436.01 43.24 73,392.77 2401-CO.&DIST.COURT TECHNOLOGY FUND 134,009.90 1,385.55 135,395.45 0.00 135,395.45 2500-SPECIAL FORFEITURE FUND 37,605.13 507.09 38,112.22 0.00 38,112.22 2600-D/A HOT CHECK COLLECT FEES 5,315.32 103.74 5,419.06 0.00 5,419.06 2700-BAIL BOND BOARD FEES 114,953.27 621.58 115,574.85 0.00 115,574.85 2900-VIT INTEREST FUND 387,638.83 5,587.87 393,226.70 0.00 393,226.70 3000-COUNTY GRANTS (653,100.44) 1,085,179.88 432,079.44 388,166.16 43,913.28 3100-AMERICAN RESCUE PLAN ACT 21,241,671.83 0.00 78,399.22 21,320,071.05 752,746.20 20,567,324.85 3200-SB 22 2023 RURAL 162,606.91 1,050,888.03 1,213,494.94 158,145.98 1,055,348.96 3400-D/A CRIME FUND 212,880.14 1,199.75 214,079.89 8,754.61 205,325.28 3500-PRIMARY ELECTION SERVICES 60,211.18 1,358.28 61,569.46 10,092.03 51,477.43 3901-BC HOUSING FINANCE CORP 518,424.59 2,803.23 521,227.82 0.00 521,227.82 4320-CO 2020 5,674,082.24 9,445.99 16,859.30 5,700,387.53 87,542.80 5,612,844.73 4323-ON SYSTEM ROAD BOND-TXDOT 15,955,607.16 5,534.08 63,896.45 16,025,037.69 614,081.97 15,410,955.72 43231-OFF SYSTEM ROAD BOND 7,199,561.22 2,647.31 28,712.76 7,230,921.29 205,999.13 7,024,922.16 43232-2023 CERTIFICATES OF OBLIGATIONS 10,503,599.93 6,236.98 40,010.39 10,549,847.30 0.00 10,549,847.30 4500-GEN.PERMANENT IMPV. 18,423,991.96 59,783.50 18,483,775.46 579,977.05 17,903,798.41 5000-HEALTH&LIFE INSURANCE 13,695,559.94 1,994,055.84 15,689,615.78 1,632,969.16 14,056,646.62 5800-COUNTY ATTORNEY OPERATING FUND 69,374.35 15.00 69,389.35 0.00 69,389.35 6000-PAYROLL 1,767,717.02 6,281,676.97 8,049,393.99 7,151,258.81 898,135.18 9100-HEALTH DEPARTMENT 3,298,713.42 276,882.77 3,575,596.19 340,116.47 3,235,479.72 9300-REGIONAL MOBILITY AUTHORITY 7,832.93 10,042.35 17,875.28 0.00 17,875.28 9700-COMMUNITY SUPERVISION 1,590,569.99 204,486.40 1,795,056.39 359,844.45 1,435,211.94 TTL.OF ACCTS.IN POOL 288,218,360.97 16,345,694.88 759,316.14 305,323,371.99 26,916,057.38 278,407,31.4.61 11 1600-LOCAL PROVIDER PARTICIPATION 24,772,620.87 6,907,666.31 31,680,287.18 233,607.28 31,446,679.90 4100-GEN.OBLIG.DEBT SVC. 5,666,183.95 49,025.50 16,987.37 5,732,196.82 5,732,196.82 TOTAL 318,657,165.79 23,302,386.69 776,303.51 342,735,855.99 27,149,664.66 315,586,191.33 1! This report is submitted as true and correct to Commissioners Court by Cristian T.Villarreal, Brazos County Treasurer,on January 28,2025. The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Cristian Villarreal, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day o C�s��..�,M; A.D.2025 aren McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this aL! day of 2025. Duane eters, County dge Bentley Nettles, Commissioner Precinct#1 Chu c {onderla, Commissioner Precinct#2 • Fred Brown, Commissioner Precinct#3 Wanda J. Watson,Commissioner Precinct#4 Treasurer's Report for the MONTH OCTOBER 2024 �"Ly iV BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: Overpayments • a. Letterman Title-$1,500.00 • b. Susan Riggs-$162.84 • c. Corelogic Tax Services-$199.98 "O: Commissioners Court )ATE: 01/22/2025 'ISCAL IMPACT: False 1UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type CC Refund Request 1 22 25 (002).pdf Tax Refund Applications Backup Material Melissa Leonard, PCAC Brazos County Tax Assessor/Collector 4151 County Park Ct • Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 01/22/2025 REQUESTOR ' LETTERMAN TITLE ADDRESS 1451 GREENS PRAIRIE RD WEST STE 200 COLLEGE STATION TX 77845 OWNER NAME LINGLING ZHANG • PROP ID# 375871 REFUND AMOUNT $ 1500.00 REQUESTOR . SUSAN RIGGS ADDRESS PO BOX 253 BURTON TX 77835 OWNER NAME SUSAN RIGGS PROP'ID# 408859 REFUND AMOUNT $ 162.84 REQUESTOR CORELOGIC TAX SERVICES ADDRESS. PO BOX 9202 COPPELL TX 75019 OWNER NAME AUGUSTIN MARTINEZ SR HARRIS HUSTED 443538 REFUND AMOUNT $ 199.98 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# _ REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# , REFUND AMOUNT • REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR • ADDRESS OWNER NAME PROP ID# REFUND AMOUNT } 1 • APPLICATION FOR TAX REFUND - Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISO,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota 1SD. OWNER'S NAME AND ADDRESS ZHANG LINGLING 1767 HEATH DR COLLEGE STATION TX 77845-8679 PROPERTY DESCRIPTION Legal: SPRING CREEK TOWNHOMES PH 3,BLOCK 5,LOT4 Address: 1767 HEATH DR , • Account# 375871 TAX PAYMENT INFORMATION . Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2024 . 11/25/2024 $7797.10 $1500.00 Taxpayer's reason for refund: OP-Overpayment • REFUND TO: LETTERMAN TITLE . 1451 GREENS PRAIRIE RD WEST STE 200 COLLEGE STATION TX 77845 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information an this form Is true and correct." ii1312k X"(,141—& Signature Date nA.9%. VMUYIVeU.W.IONVatiltittdCtorV1 Phone# Email Addre If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jell felony under Texas Penal Code Section 37.10. • TAX REFUND DETERMIN ON • T and is I ed [ ]Disapproved /t/,1- C/cPs-6 Authorized Officer Signature Da Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Cade Authorized Officer Signature Date r , TAX RECEIPT 11/25/2024 08:35AM MELISSA LEONARD, PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR i'•�"`Ftecefpt Nurntie 4151 COUNTY PARK CT BRYAN,TX 77802 3379386 Date posted 11/2512024 payment Type 1— Payment Code __Ovet/Refund T aid Total P . • -87,797;10 PAID BY: LETTERMAN TITLE 1451 GREENS PRAIRIE ROAD WEST STE 200 COLLEGE STATION,TX 77845 Property 1DT—Tie; � - '� Legal Acres - r - �-Oweer.Name_a_nd.Ad_dr_e_ss_._- ; 376871 .582882-0305-0040 —.O.Op00 — - ' ttiANO LINGLING - --..--- _-----_.- .--_., 1787 HEATH DR i �- Legal Descriptlon �N .i COLLEGE STATION,TX 77845-8679 SPRING CREEKTOWNHOMES PH 3,BLLOCK5,LOT4 _ Situs _ ` DBA Name • _ _J 1767HEATHDR . Lw__�.— - _- --- -- ntity_, Year Rate Taxable Value_ Stint# Void• Original Tax Discnts• P&I AU Fees Overrage Am__ount Pd•, Z REFUND ENTITY 2024 0.00000 0 149996 N 1,500.00 0.00 0.00 0.00 0.00 1,500.00 BRAZOS COUNTY 2024 0.41970 330,437 149496 N 1,386.84 0.00 0.00 0.00 0.00 1,386.84 CITY OF COLL. STAT. 2024 0.51309 330,437 149496 N 1,895.43 0.00 0.00 0.00 0.00 1,695.43 COLLEGE STATION ISO 2024 0.97290 330,437 149498 N 3,214.83 0.00 0.00 0.00 0.00 3,214.83 7,797.10 Balance Due As Of 1112512024: -1500.00 Tender^ Details —_� Description s Amounts 7787.10 • • • • • [-Operator_ Batch • T �- ---- ---- : �:�: ._. ------- __.__.� TotalPatd; ,.tram 53882(11125f2024TMj _ _ _ Page:1 Receipt Issued In Accordance with Section 31.075 of the Texas Property Tax Code rm wt.mNo e • APPLICATION FOR TAX REFUND • Collecting Office Name Collecting Tax for:(taxing entitles) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,Pi,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 . City of Kurten,Navasota iSD OWNER'S NAME AND ADDRESS • RIGGS SUSAN PO BOX 253 BURTON TX 77835-0253 PROPERTY DESCRIPTION Legal: REEF 3H 50004253-000 WILDFIRE ENERG/AGUILA VADO(EAGLEFORD AB 63/AUSTIN,S SUR .0000910DD0 0 - Address: • Account# 408859 • TAX PAYMENT INFORMATION Name of•axing Unit- - Tax Vear•of Refund-- Payment Date Amouht Paid- RefandAmoitrit Requested - ZREFUND 2024 22/20/2024 $165.10 • $162.84 Taxpayer's reason for refund: OP-Overpayment REFUND TO: RIGGS SUSAN POBOX253 • • BURTON T)C77835-0253 • Sign below and return form to the Brazos County Tax Office. . "1 hereby apply for the refund of the above-described taxes and certify that the information on this form is true..and correct." .e_406 i-- - 2.17. . tgnatre Phone# Email Address • if you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state Jail felony under Texas Penal Code Section 37.10. • TAX REFUND DETERMIN 'ION • The is [ proved E 1 Ma proved Authorized Officer Signature Oat Authorized Officer of taxing unit far refund applications over amount required under Section 3L11 Tax Code Authorized Officer Signature Date ' ! -- -- -F. J TAX RECEIPT 12/20/202412:36PM - --- - MELISSA LEONARD,PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR ReeelpSNamher 4151 COUNTY PARK CT . BRYAN,TX 77802 3397063 Date Posted 1',,:. __ 12/20/2024 Payment Type"' '• P Payment Code Over/Refund Total Paid _ $165.10, PAID BY: RIGGS SUSAN • • PO BOX 253 BURTON,TX 77835-0253 EProperty ID Geo Legal Acres I 1 . - . ;Owner Name and Address 408859 50-004253-000-0-0500042530000001001 '0.0000 RIGGS SUSAN r_____ ._ I PO BOX 253 Legs Description ( ' BURTON,TX 77835-0253 REEF 3H 60004253-000 WILDFIRE ENERG!AGUIIA VADO(EAGLEFORD AB 63/AUSTIN,S SUR .0000910000 0 ' , I Situs -.. a. _ 1 e. ,DBA•Name, . ., :. .•;..; _.,,,-.s-1 `. ty •: '.c Year. Rate ,Taxable Value Stint# ' Vold -.••Original Tax,.plscnts :4;P&1• A.tt;F.,ees'',Overage.AmountPdi Z REFUND ENTITY 2024 0.00000 0 150209 N 162.84 0.00 040 0,00 0.00 162.84 EMG SVCS DIST#3 2024 0,02300 25 111488 N 0.01 0.00 0.00 0.00 0.00 0.01 CITY OF BRYAN 2024 0.62400 6 111488 N 0.04 0.00 0.0D 0.00 0.00 0.04 EMG SVCS DIST#2 2024 .0.02006 128 111488 N 0.03 0.00 0.00 0.00 0.00 0.03 BRYAN ISD 2024 0.94690 159 111488 N 1.51 D.00 0.00 0.00 0.00 1.51 BRAZOS COUNTY 2024 0.41970 159 111488 N 0.87 D.00 0.00 0.00 0.00 0.67 168.10 Balance Due As Of 1212012024: •182.84 • Tender. Details Description = . . Amount; Check 2041 165.10 185.10 Operator , Batch,,.., •;,, .- . • . • - . ' '.11.. . •,$: . .- _Total Paid lemerson 54424(12202024_LE) 165.10 Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code r,,.Au:malic pNt. APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for:(taxing entitles) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,P3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS MARTINEZ AUGUSTIN SR 2921 ALABAMA ST BRYAN TX.77803-1062 PROPERTY DESCRIPTION Legal: LYNNDALE ACRES PH 1, BLOCK 11,LOT 6,Undivided Interest 50.0000000000% Address: 2921 ALABAMA AVE , Account# 443538 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date. Amount Paid Refund Amount Requested ZREFUND 2023 1Z/19/I024 $1914.21 $199.98 Taxpayer's reason for refund OP-Overpayment REFUND TO: CORELOGIC TAX SERVICES PO BOX 9202 COPPELL TX 7519 • Sign below and return form to the Brazos County Tax Office. al hereby pply or the r nd of the above-described taxes and certify that the Information an this form is true and correct!' /17,Z5-- si tur Date Phone it Email Address if you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state Jail felony under Texas Penal Code Section 37.10. • • TAX REFUND DETERMINA The • I pp J sappraved - 0111. /I/ Authorized Officer Signature Pat Authorized Officer of taxing unit far refund applications over amount required under Section 31.11 Tax Code • Authorized Officer Signature Date TAX RECEIPT 12/19/2024 03:42PM MELISSA LEONARD,PCAC PH#(979)775-9930 • BRAZOS COUNTY TAX ASSESSOR COLLECTOR r-- ---- _ -- -- 4151 COUNTY PARK CT --___ec_e(pt Number__•,1 BRYAN,TX 77602 3396405- Date Pasted ) 12i191202a PaymentType I P _ Payment Code • - 'Qv-et/Refund, TotalP31d__- ....._J- _-$1,914;21 • PAID BY: CORELOGIC . ATTN: REFUNDS DEPT - PO BOX 9202 COPPELL,TX 75019 `•I Property_Ib -de) '- --.--'---- -- -Legei Acre's _. ----I i^• _- Owner Name and Address • _ 443538* - - .394000-0111-0062 0.0000 : • MARTINEZ AAUGUSTIN SR t -- -- - - Ce a'I Descr7 Non 2921 ALABAMA ST ---,---.-. 9 P_-.-,_ _--- ----..---_ _ _ _--: BRYAN,TX 77803-1062 • LYNNDALEACRES PH 1_BLOCK 11LOT a,_Undivided Interest50.0000_000_600% _ _ Situs -� ' _--_ DBA Naitse'' _ _ __.. . • 2921 A1.ABAMA AVE . !' Year Rate Taxable Value St # _Void. Ori final Taxi Discnts .• PSI Att Fees Overage Amount Pdj Z REFUND 2023 0.00000 0 150090 N 199.98 0.00 0.00 0.00 0.00 199.98 B-. OS COUNTY 2023 0.40970 89,210 83641 N 275.58 0.00 63.38 50.84 0.00 389.80 CITY OF BRYAN 2023 0.62400 99,210 83641 N 587.68 0.00 135.16 108.42 0.00 831.24 BRYAN!SD 2023 0.94920 51,710 83641 N 348.67 0.00 80.19 64.33 0.00 493.19 1,914.21 Balance Due As Of 12119/2024: 1010.74 Tender Details --- -_--_ - Desion _Y_._ _ Amount' Check- -412656004 ---- --�'cript 191421 1914.21 • • • • r0 erator Batch • -• --- _ -- -- `Total Pala]Image _ 54407(1211912024tm) _ - . -_ - .. _ - 1,914.21 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code T...4.1...0ne.e. Sys ti-+ if• 'tip e.. c.7 OS BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Human Resources NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: • Approval of Personnel Change of Status "O: Commissioners Court )ATE: 01/23/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Employment Separations - Public - 01 Cover Sheet Cover Memo 28-25.pdf • Personnel Change of Status • (Jan 23,2025) Commissioners' Court.Date: 01-28-2025 - • Department Submitting Information: Human Resources • Purpose of Submissions: Consider and Take Action on Change Employment . Department:Name Employee Name ' - Exposition Center-Administration Glodz, Damian* Human Resources-Administration Garcia,Jonathan* Separations - - Department•Name Employee Name ' Juvenile Services-Detention Rogers,Lloyd • Sheriff Office-Jail Administration - . ' Senal,Nikko Personnel Action Forms . • Department.Name Employee Name, District Attorney James,Amanda • Emergency Management-Administration . Ware,Jason • Tax Assessor-Collector-Administration Williams,Lequnia • Approved in Commissioners' Court:01-28-2t+411110 • . County Judge's or Commissioner's Signature: 1� *Correction to Hire Date - - +,t P-'-=—.-V, 4. -.k,j 1 ,,'�Viz. iIi. s. - kha Ty glL_. BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 1/28/2025 TEM: • Approval of Payment of Claims: • a. 8207622 -8207706 • b. 9203323 -9203373 -O: Commissioners Court )ATE: 01/22/2025 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Bill List-Public 01.28.25.pdf Payment of Claims Backup Material